Information Commissioner's Office

Cabinet Office

5 October 2016, Central government

The complainant requested information relating to correspondence between certain UK government officials and a named individual (Person A). The Cabinet Office denied holding some of the information, and refused to disclose what it did hold under section 40(2) of the Freedom of Information Act 2000 (the Act) as it was third party personal data, and its disclosure would breach one of the data protection principles. During the course of the Commissioner’s investigation the Cabinet Office changed its position and instead refused the request under section 38(1) of the Act, because disclosure would endanger the safety and wellbeing of Person A, and Person A’s family. The Commissioner’s decision is that the requested information is exempt under section 38(1) and that the balance of the public interest test favours maintaining the exemption. The Commissioner also finds that the Cabinet Office breached section 17(1) of the Act as it did not issue its refusal notice within the statutory time limit.

FOI 17: Upheld FOI 38: Not upheld