Ministry of Justice (Central government) [2020] UKICO fs50877372 (3 March 2020)
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Ministry of Justice
The complainant requested details of an independent review report commissioned by the Permanent Secretary into a specified IT systems failure. The Ministry of Justice (the ‘MOJ’) refused to provide the requested information, citing section 43(2) of FOIA, the exemption for commercial interests. During the course of the Commissioner’s investigation, the MOJ also cited section 40(2), the exemption for personal information, for two individuals named within the withheld report. The Commissioner’s decision is that the exemption provided by section 43(2) is not engaged for the reasons set out in this notice. She also finds that section 40(2) is not engaged in relation to one individual named in the report, but has concluded that the MOJ was correct to cite section 40(2) in relation to the other named individual. 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 the requested report. Disclose the name of the senior individual referred to at the end of the report.
FOI 43:
Complaint upheld
FOI 40:
Complaint partly upheld
Decision notice: fs50877372
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50877372.html
