National Archives

The complainant has requested information about a decision to close three specific files. The above public authority relied on sections 36 (prejudice to the effective conduct of public affairs) and 40(2) of FOIA (third party personal information) to withhold the information. The Commissioner’s decision is that the public authority has correctly applied section 40(2) of FOIA. Sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) are all engaged, but the balance of the public interest favours disclosure. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose all the information it has relied on any limb of section 36 to withhold.