Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Defence (Central government) [2019] UKICO fs50781170 (31 January 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50781170.html
Cite as: [2019] UKICO fs50781170

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Ministry of Defence

The complainant submitted a request to the Ministry of Defence (MOD) seeking information about a robbery of a post office in 1972 in Bangor, Northern Ireland committed by four soldiers. The MOD provided the complainant with some of the information it had located but sought to withhold further information on the basis of section 40 (personal data) and section 38 (health and safety) of FOIA. The complainant sought to dispute the application of these exemptions and argued that the MOD was likely to hold further information falling within the scope of his request. During the course of the Commissioner’s investigation, the MOD located a small amount of further information but also argued that this was exempt from disclosure on the basis of section 40 and that part of it was also exempt from disclosure on the basis of section 32 (court records). The Commissioner has concluded that on the balance of probabilities, the MOD does not hold any further information falling within the scope of the request. Of the information which the MOD has sought to withhold, the Commissioner is satisfied that it is exempt from disclosure on the basis of section 40(2) of FOIA.

FOI 40: Complaint not upheld FOI 1: Complaint not upheld

Decision notice: fs50781170