17 March 2016, Central government
The complainant requested information relating to cost applications in R v Coulson and Others (also known as “the phone hacking trial”). The Ministry of Justice (the ‘MOJ’) refused to confirm or deny whether it held the requested information, citing sections 32(3), court records and 40(5), personal information of FOIA. The Commissioner’s decision is that the MOJ has dealt with the requests correctly in that section 40(5) is engaged and so it is not required to confirm or deny whether it holds this information. In addition, the MOJ failed to provide its refusal to respond within the statutory 20 working days framework and thereby breached section 17(1) of FOIA. He does not require the MOJ to take any remedial steps to ensure compliance with FOIA.
FOI 17: Upheld FOI 40: Not upheld