Home Office
- Date 16 November 2023
- Sector Central government
- Decision(s) FOI 1: Not upheld, FOI 10(1): Upheld, FOI 17: Upheld, FOI 40(2): Not upheld
The complainant has requested information relating to passport control at Luton Airport. The Home Office refused to disclose some of the requested information, citing section 40(2) (personal information) of FOIA as its basis for doing so. It also stated that it does not hold the remaining information within the scope of the request.
The Commissioner’s decision is that the Home Office was entitled to rely on section 40(2) of FOIA to withhold the information at parts 1 and 2 of the request. The Commissioner is also satisfied that, on the balance of probabilities, the Home Office does not hold the information at part 3 of the request. Finally, the Commissioner finds that the Home Office breached section 10(1) and section 17(1) of FOIA as it failed to provide its response to the request within the statutory 20 working days.
The Commissioner does not require the Home Office to take any further steps.