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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Justice (Central government) [2019] UKICO fs50823488 (2 October 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50823488.html
Cite as: [2019] UKICO fs50823488
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Ministry of Justice
The complainant requested certain policies, procedures and standards information in a four-part request. The Ministry of Justice (the ’MOJ’) initially only responded to part three of the request for the reasons outlined in this notice, where it said it did not hold the requested information but provided some information at internal review “outside the FOIA” on a discretionary basis. During the course of the Commissioner’s investigation, the MOJ responded to the remainder of the request in scope (parts two and four only). For part two of the request, it said it did not hold the requested information but provided some information outside the FOIA, again on a “discretionary” basis. For part four of the request, it provided some information with redactions made under section 43(2), commercial interests. By failing to provide a response to all parts of the request within the statutory time limit of 20 working days, the MOJ has breached section 10 of FOIA. The Commissioner’s decision is that the MOJ has failed to explain whether or not it holds the information in respect of parts two and three of the request. She also finds that the MOJ has failed to demonstrate sufficiently that section 43 of FOIA applies. The Commissioner therefore requires the MOJ to take the following steps within 35 calendar days of this notice to ensure compliance with the legislation: Disclose the requested information for parts two and three of the request under FOIA or issue a valid refusal notice explaining why it is either not held or why it is exempt from disclosure. Disclose the information withheld under section 43.FOI 10: Complaint upheld FOI 43: Complaint upheld FOI 1: Complaint upheld
Decision notice: fs50823488