Ministry of Justice (Central Government): ICO 30 Oct 2019

The complainant requested information relating to the number of Judges caught in a sweep of the judicial internet. The Ministry of Justice (MoJ) refused to confirm or deny whether it held the requested information, citing section 44(2) (prohibitions on disclosure) of the FOIA. The Commissioner’s decision is that the MoJ cited section 44(2) incorrectly. The Commissioner requires the MoJ to take the following step to ensure compliance with the legislation: confirm or deny whether it holds the information requested by the complainant. In relation to any information that is held, this should either be disclosed or the complainant should be provided with a notice setting out the grounds under the FOIA for refusing to disclose this information.
FOI 44: Complaint upheld

Citations:

[2019] UKICO fs50860170

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 08 August 2022; Ref: scu.650242