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Ministry of Justice (Central government) [2019] UKICO fs50862380 (5 November 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50862380.html
Cite as:
[2019] UKICO fs50862380
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Ministry of Justice
The complainant requested information relating to prosecutions for nuisance caused by excessive motorcycle noise over a three year period. The Ministry of Justice (the ‘MOJ’) confirmed it held information within the scope of the request but refused to provide it, ultimately citing both sections 32 (court records) and 40(2) (personal information) of FOIA. The Commissioner first considered whether the request should have been handled under the EIR and concluded that FOIA was the correct regime. She has investigated the MOJ’s application of section 32(1)(c)(ii) and section 40(2) and concluded that the MOJ was not entitled to rely on either exemption to withhold the requested information. The Commissioner, therefore, requires the MOJ to disclose the requested information within 35 calendar days of the date of this decision notice.
FOI 32:
Complaint upheld
FOI 40:
Complaint upheld
Decision notice:
fs50862380