ICO The complainant requested the full information the Information Commissioner had considered in an earlier decision where he ordered a summary of that full information to be disclosed. The full information, agreed between the parties, are the two letters of formal notice in which the European Commission alleged that the UK Government had not properly implemented Directive 95/46/EC.The MOJ relied on sections 27(1) (b), 27(1) (c), 27(1) (d) 27(2) and 35(1) (a) to withhold the requested information. The Commissioner finds that the exemptions afforded by sections 27(1) (b), 27(1) (c), 27(1) (d) 27(2) and 35(1) (a) are not engaged. The Commissioner’s decision is that the Ministry of Justice is in breach of section 1 for having not communicated to the complainant the information he had requested. The Commissioner requires the public authority to provide the complainant with the information within the two letters of formal notice in which the European Commission alleged that the UK Government had not implemented the Directive 95/46/EC properly. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 27 – Complaint Upheld
[2012] UKICO FS50411133
Bailii
England and Wales
Information
Updated: 10 December 2021; Ref: scu.529509
