Ministry of Justice (Central government) [2022] UKICO 195684 (13 December 2022)
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Ministry of Justice
The complainant requested information about the selection process for jury service. The Ministry of Justice (the ‘MOJ’) initially refused the request citing section 31(1)(c) of FOIA (the exemption for the administration of justice). However, it subsequently issued a revised response in which it explained that the requested information was not held at the time of the request, and was created from staff knowledge on receipt of the request. Whilst the MOJ maintained that that document would remain exempt under section 31(1)(c), the Commissioner must consider the MOJ’s revised position. FOIA does not require public authorities to create recorded information in order to respond to requests. The Commissioner’s decision is that, on the balance of probabilities, the MOJ did not hold the requested information at the time of the request. No steps are required as a result of this notice.
FOI 10:
Complaint not upheld
FOI 1:
Complaint not upheld
Decision notice: 195684
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URL: http://www.bailii.org/uk/cases/UKICO/2022/195684.html
