National Archives

The complainant has requested TNA to disclose information relating the reclosure of case files MEPO 3/1875 and MEPO 3/870. TNA disclosed some information but withheld the remainder citing section 36(2)(b) and (c) and 40 of FOIA. No complaint was raised in relation to the application of section 40 of FOIA. The Commissioner’s decision is that while section 36(2)(b) is engaged the public interest in maintaining the exemption is outweighed by the public interest in favour of disclosure. He therefore requires TNA to disclose the remaining withheld information to the complainant. The Commissioner also found TNA in breach of section 10 of FOIA.