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Ministry of Justice

  • Date 26 October 2021
  • Sector Central government
  • Decision(s) FOI 43: Upheld

The complainant requested a copy of a specified prison-related audit report. The Ministry of Justice (the ‘MOJ’) refused to provide it in its entirety, citing section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that the MOJ was not entitled to rely on section 43(2) to withhold the requested report for the reasons set out in this notice. The complainant confirmed he was not interested in the disclosure of the names within the report. The Commissioner, therefore, requires the MOJ to disclose the requested report in its entirety minus the names of individuals to ensure compliance with the legislation. The MOJ must take this step within 35 calendar days of the decision notice.