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National Archives

  • Date 17 December 2020
  • Sector Central government
  • Decision(s) FOI 27: Not upheld, FOI 40(2): Not upheld

The complainant has requested information relating to the closed extract listed as “PREM 19/81/1” held by The National Archives (TNA). The withheld information consists of six sentences. TNA withheld two sentences under section 27 and withheld the remaining four sentences under section 40(2) and section 41(1) of the FOIA. The Commissioner’s decision is that TNA is entitled to rely on section 27(1)(a), (c) and (d) of the FOIA to withhold two sentences of the withheld information and in all the circumstances of the case the public interest favours maintaining this exemption. She also found that the TNA is entitled to withhold the remaining four sentences under section 40(2) of the FOIA. The Commissioner has not gone on to consider the application of section 41(1) of the FOIA in relation to those four sentences. However, the Commissioner has recorded a procedural breach of section 10 of the FOIA, as TNA failed to respond to the complainant’s request within the statutory time limits.