Cabinet Office (Central government) [2023] UKICO 133476 (30 June 2023)
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Cabinet Office
The complainant has requested that the Cabinet Office provide copies of documents containing their personal data. The Cabinet Office had already provided the complainant’s personal information under the Data Protection Act 2018 (the DPA). It further provided some information to the complainant under FOIA and relied on section 36(2) (prejudice to the effective conduct of public affairs) and section 40(2) to withhold the remainder. The Commissioner’s decision is that the exemptions at section 36(2)(b)(ii) and (ii) are engaged. However he finds that the public interest in maintaining these exemptions does not outweigh the public interest in disclosure. The Commissioner finds that the exemption at section 36(2)(c) is not engaged. The Commissioner also finds that the Cabinet Office failed to comply with section 17(1) of FOIA in that it issued a refusal notice outside the statutory time for compliance.
FOI 17:
Complaint upheld
FOI 36(2):
Complaint upheld
Decision notice: 133476
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URL: http://www.bailii.org/uk/cases/UKICO/2023/133476.html