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Equality and Human Rights Commission

  • Date 14 December 2021
  • Sector Other
  • Decision(s) FOI 1: Not upheld, FOI 44: Not upheld

The complainant has requested information relating to the Equality and Human Rights Commission’s (‘EHRC’) investigation  into the Labour party. The EHRC originally withheld all information within the scope of the request under section 44(1)(a) (prohibitions on disclosure) of the FOIA. During the course of this investigation, the EHRC changed it stance. The EHRC has now confirmed that it does not hold all of the information that falls within the scope of the request and the information that it does hold is exempt from disclosure under section 44(1)(a) and section 31(1)(g) by virtue of section of 31(2)(c) (law enforcement). The Commissioner’s decision is that, in relation to parts 1 and 2 of the request, on the balance of probabilities the EHRC does not hold the requested information. The Commissioner has also determined that the EHRC is entitled to withhold the information that it does hold under section 44(1)(a). The Commissioner does not require the EHRC to take any further steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0006 appeal struck out.