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Home Office

  • Date 22 February 2016
  • Sector Central government
  • Decision(s) FOI 24: Upheld, FOI 31: Upheld

The complainant requested information relating to any alert given to border control staff about a named individual. The Home Office refused to confirm or deny whether it held this information and cited the exemptions provided by sections 24(2) (national security) and 31(3) (prejudice to law enforcement) of the FOIA. The Commissioner’s decision is that neither of these exemptions was engaged and so the Home Office is now obliged to confirm or deny whether it holds the requested information. The Commissioner requires the Home Office to send to the complainant a fresh response to his request that confirms or denies whether the requested information is held. In relation to any relevant information that it held, this must either be disclosed or the complainant given an explanation of the valid reason under the FOIA as to why it is withheld.