Ministry of Justice

The complainant requested information relating to the Ministry of Justice’s (MoJ’s) handling of a previous request for information. The MoJ refused to provide the requested information, citing section 36 (prejudice to the effective conduct of public affairs) of the FOIA.The Commissioner’s decision is that the MoJ was not entitled to rely on section 36(2)(c). She found that sections 36(2)(b)(i) and (ii) are engaged but that the public interest favours releasing the requested information.  The Commissioner requires the MoJ to take the following step to ensure compliance with the legislation: disclose the withheld information, a copy of which was provided to the Commissioner, with personal data, for example of the complainant and junior officials, redacted.