Home Office

The complainant has requested copies of three sets of minutes from the Home Office (the “HO”). The HO refused to provide these citing sections  24(1) (national security), 31(1)(a) & (b) (law enforcement) and 36(2)(b)(ii) (prejudice to effective conduct of public affairs) of the FOIA. It also refused to confirm or deny holding further information citing section 23(5) (security bodies). During the Commissioner’s investigation it added reliance on sections 35(1)(a) (formulation of government policy) and 38(1) (health and safety), it also revised its position regarding section 23(5) instead stating section 23(1).

The Commissioner’s decision is that, where cited, section 23(1) is engaged. She finds sections 24(1), 31(1), 35(1) and 38(1) not to be engaged. As personal data falls within the remit of the investigation the Commissioner has also considered section 40(2) but found that it is only partially engaged. She finds that section 36(2) is engaged but that the public interest in maintaining the exemption is only partly met and that some of the information should be disclosed.  The Commissioner requires the public authority to disclose the information which is identified in a confidential annex.