11 January 2017, Central government
The complainant has requested information about asylum seekers from the Home Office (the “HO”). The HO refused to provide this citing section 40(2) (personal information) of the FOIA. During the Commissioner’s investigation the HO also suggested that some information may not be held. The Commissioner’s decision is that section 40(2) is not engaged. The Commissioner requires the HO to disclose the information withheld under section 40(2) and to issue a fresh response in respect of any information within the scope of the request which is not held.
FOI 1: Upheld FOI 40: Upheld