Ministry of Justice

The complainant made a two part request for information concerning a named judge in relation to misconduct cases he had heard and any disciplinary action taken against him. Revising its initial position, following an internal review, the Ministry of Justice (the ‘MOJ’), advised that section 40(2), personal information applied to part (1) of the request. For part (2), the MOJ would ‘neither confirm nor deny’ (‘NCND’) holding any information citing section 40(5). In addition, during the course of the Commissioner’s investigation, the MOJ cited section 44(1)(a), statutory prohibitions to disclosure, for part (2) of the request. The Commissioner’s decision is that the requested information in part (1) of the request constitutes personal data and that the MOJ was entitled to rely on section 40(2). For part (2) of the request, the Commissioner finds that the MOJ correctly cited section 40(5)(b)(i). In relying on section 44(1)(a) which it had not mentioned at or before the internal review, the MOJ has also breached section 17(1) of FOIA. The Commissioner does not require the MOJ to take any steps as a result of this notice.