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National Archives

  • Date 5 June 2017
  • Sector Central government
  • Decision(s) FOI 10: Upheld, FOI 38: Not upheld

The complainant requested access to a closed file. The request was refused by the National Archives (TNA) on the grounds of health and safety (section 38 of FOIA). The Commissioner has found that section 38(1) is engaged and that in all the circumstances the public interest in disclosure is outweighed by the public interest in maintaining the exemption. The Commissioner does not require the public authority to take any remedial steps to ensure compliance with the legislation. The Commissioner also finds that TNA breached section 10.