Ministry of Justice (MoJ)
- Date 29 January 2026
- Sector Central government
- Decision(s) FOI 40: Upheld
The complainant requested information relating to prisoners held within ‘separation units’. The Ministry of Justice (MoJ) relied on section 40(2) of FOIA (third party personal information) to withhold some of the requested information, namely information relating to foreign born
prisoners. The Commissioner’s decision is that the MoJ was not entitled to withhold that information under section 40(2) of FOIA, by virtue of section 40(3A)(a). The Commissioner requires the MoJ to take the following step to ensure compliance with the legislation: • disclose the figure relating to foreign born prisoners.