15 June 2017, Central government
The complainant requested information relating to prison establishments. The Ministry of Justice (MoJ) provided some information within the scope of the request but refused to provide the remainder citing section 21(1) of the FOIA (information accessible to applicant by other means) and section 40(2) (personal information). The complainant did not dispute the MoJ’s application of section 40(2). Accordingly the Commissioner only investigated its application of section 21(1) to the information withheld by virtue of that exemption. The Commissioner’s decision is that the MoJ incorrectly applied section 21(1) in this case. However, as the information is now accessible to the applicant, she requires no steps to be taken.
FOI 21: Upheld