ICO The complainant requested details of tribunal cases where any of the parties were represented by a named barrister. The Ministry of Justice (the ‘MOJ’) refused to provide the information applying section 40(5)(b)(i) of FOIA, the neither confirm nor deny provision for personal information. The Commissioner finds that the MOJ wrongly relied on section 40(5) because it would not be unfair to confirm whether the named barrister, if he exists, was involved with any cases. The Commissioner therefore requires the public authority to issue a fresh response to the request
FOI 40: Upheld
[2015] UKICO FS50564314
Bailii
England and Wales
Information
Updated: 06 January 2022; Ref: scu.555224