Northern Ireland Office

The complainant requested access to 13 files held by the Northern Ireland Office (the NIO). The NIO refused the request in reliance on the exemptions at sections 22 (information intended for future publication), 23 (security services), 31 (law enforcement), 38 (health and safety) and 40(2) (third party personal data) of FOIA. During the course of the Commissioner’s investigation the NIO withdrew reliance on the exemption at section 22. The Commissioner’s decision is that the NIO is entitled to rely on the exemptions at sections 23, 38 and 40(2) in respect of all of the remaining withheld information, ie the information that was not withheld solely on the basis of section 22 of FOIA. The Commissioner requires the NIO to provide the complainant with access to the requested information that does not fall within the scope of sections 23, 38 or 40(2) of FOIA.