Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Justice (Central government) [2021] UKICO IC-48282 (11 May 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-48282.html
Cite as: [2021] UKICO IC-48282

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Ministry of Justice

The complainant requested information relating to a project about how to support prisoners’ contact with family and loved ones. Initially, only one presentation (‘P1’) was identified in scope by the Ministry of Justice (the ‘MOJ’), which was withheld on the basis of sections 35(1)(a) (formulation of government policy) and 43(2) (commercial interests) of the FOIA. The MOJ also said it did not hold the remaining requested information. During the Commissioner’s investigation, the MOJ partly disclosed some of the background detail within P1. It also located another presentation (‘P2’), which it said was exempt in its entirety under sections 35(1)(a), 40(2) (personal information) and 43(2) of the FOIA. (The complainant confirmed he did not want the Commissioner to consider the information redacted under section 40(2), so she has not considered this exemption any further). During the latter stage of the Commissioner’s investigation, the MOJ said that it considered all of P1, including that information which it had already disclosed, to be exempt under section 35(1)(a) of the FOIA; it maintained that some parts were additionally exempt under section 43(2). The Commissioner’s decision is that the MOJ was not entitled to rely on section 35(1)(a) for the background parts of P1 already disclosed to the complainant, with the exception of the slide entitled ‘Methodology’. However, as this background information has already been provided to the complainant, the Commissioner has not ordered it to be disclosed. With respect to P2, which was withheld in its entirety, the Commissioner has identified some content which is already in the public domain. The Commissioner’s decision is that this information is not exempt by virtue of section 35(1)(a) and should be disclosed as set out in the step at paragraph 8 of this notice. The Commissioner finds that the MOJ correctly relied on section 35(1)(a) to withhold the remaining information. Accordingly, she has not found it necessary to consider the MOJ’s reliance on section 43(2) of FOIA. The Commissioner has also decided, on the civil standard of the balance of probabilities, that the MOJ does not hold any further information. The Commissioner requires the MOJ to take the following steps within 35 calendar days of the date of this decision notice to ensure compliance with the legislation: • Disclose slides on pages 2, 3, 4 and 5 from P2 to the complainant.

FOI 35: Complaint partly upheld FOI 1: Complaint not upheld

Decision notice: IC-48282