Ministry of Justice
- Date 4 November 2021
- Sector Central government
- Decision(s) FOI 40: Not upheld
The complainant requested information relating to an investigation arising from criticisms made in the course of an Employment Tribunal. The MoJ confirmed it held information within the scope of the request but refused to disclose it, citing sections 38 (health and safety), 40(2) (personal information), 41(1) (information provided in confidence) and 42 (legal professional privilege) of FOIA. The Commissioner investigated the MoJ’s application of section 40(2) to the withheld information. The Commissioner’s decision is that the information is exempt from disclosure on the basis of section 40(2) of FOIA. The Commissioner requires no steps to be taken as a result of this decision.