National Archives
- Date 30 November 2022
- Sector Central government
- Decision(s) FOI 17(3): Upheld, FOI 40(2): Not upheld
The complainant has requested access to a closed file DPP 2/2549. The National Archives refused to provide the file, citing section 40(2) (personal information) of FOIA. The Commissioner’s decision is that the National Archives is entitled to rely upon section 40(2), on the basis that the requested information is third party personal data and its disclosure would breach data protection law. The National Archives breached section 17(3) (Refusal of request) of FOIA as it took an unreasonable amount of time to complete its public interest considerations. The Commissioner does not require the public authority to take any steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0440 appeal allowed in part.