National Archives
- Date 24 October 2018
- Sector Central government
- Decision(s) FOI 31: Not upheld
The complainant has requested a copy of the Thorpe trial papers. The National Archives (TNA) initially refused the request under section 38 (health and safety) and section 40(2) (third party personal data) but during the course of the Commissioner’s investigation cited section 31 – law enforcement. The Commissioner’s decision is that TNA has demonstrated that sections 31(1)(a)(b) and (c) are engaged in relation to the withheld information and the public interest favours maintaining the exemption. The Commissioner has not gone on to consider the application of the exemptions at section 38 and 40. The Commissioner also found that TNA breached section 10(1) of the FOIA. She requires no steps to be taken.