Home Office

The complainant asked the Home Office (the “public authority”) to provide information concerning its contract to upgrade its application and enrolment system, forming part of the National Identity Scheme (the “NIS”). The public authority provided some information but refused to disclose the remainder citing the exemptions under sections 23(1) (Information supplied by or relating to bodies dealing with security matters), 24(1) (national security), 31(1) (law enforcement), section 40(2) (personal information) and 43(1) and 43(2) (commercial interests) of the Freedom of Information Act 2000 (the “Act”). The Commissioner’s decision is that none of the exemptions at sections 23(1), 24(1), and 31(1) and 43(2) are not engaged. He finds that the exemption at 40(2) is engaged in respect of some of the information as its disclosure would breach the Data Protection Act (the “DPA”). The complaint is therefore substantially upheld. The public authority’s handling of the request also resulted in breaches of certain procedural requirements of the Act as identified in this Notice. Information Tribunal appeal number EA/2011/0017 has been disposed of by way of a consent order.