Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department of Justice Northern Ireland (Central government) [2019] UKICO fs50776269 (9 May 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50776269.html
Cite as: [2019] UKICO fs50776269

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Department of Justice Northern Ireland

The complainant has requested specific staff related information from the Northern Ireland Prison Service (“NIPS”) which is part of the Department of Justice (Northern Ireland) (“DoJ”). DoJ explained that it was excepted from its duty to confirm or deny whether it held this information and cited section 40(5) as its basis for doing so – unlawful/unfair processing of personal data. It upheld this position at internal review. During the course of the Commissioner’s investigation, DoJ explained that Human Resources information was now held by the Department of Finance following a reorganisation of how certain Civil Service information is held in Northern Ireland. The Commissioner’s decision is that DoJ is the relevant public authority in this case but that it is entitled to rely on section 40(5) as its basis for refusing to confirm or deny whether it holds the request. No steps are required.

FOI 40: Complaint not upheld

Decision notice: fs50776269