National Archives
- Date 9 November 2022
- Sector Central government
- Decision(s) FOI 17(3): Upheld, FOI 38: Not upheld, FOI 40: Not upheld
The complainant has requested an investigation file relating to a murder. The above public authority (“the public authority”) relied on section 38 (health and safety) and 40(2) of FOIA (third party personal data) to withhold the requested information. The Commissioner’s decision is that the public authority was entitled to rely on section 40(2). Section 38 is also engaged and the balance of the public interest favours maintaining this exemption. The public authority breached section 17(3) of FOIA as it took an unreasonable amount of time to complete its public interest considerations. The Commissioner does not require further steps.
Keywords: murder files