Civil Aviation Authority
- Date 20 February 2023
- Sector Other
- Decision(s) FOI 17: Upheld, FOI 31(3): Not upheld, FOI 40(2): Not upheld, FOI 44: Not upheld
The complainant has requested information from the Civil Aviation Authority (CAA) about the Emiliano Sala case. The CAA provided some information, stated that it did not hold some information, and cited the exemption at section 40(2) of FOIA (personal information) to part of the request. It refused to confirm or deny whether it held some of the requested information, relying on section 44(2) of FOIA (statutory prohibitions on disclosure) and section 31(3) of FOIA (law enforcement). The Commissioner’s decision is that the CAA has correctly cited sections 31(3) and 44(2) of FOIA to neither confirm nor deny (NCND) whether it holds some of the requested information and that the public interest favours maintaining the NCND response in relation to section 31. He has also decided that the CAA has appropriately cited section 40(2) of FOIA. However, the Commissioner has recorded a breach of section 17 of FOIA. The Commissioner does not require the public authority to take any steps.