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Decision Summary

  • Case Ref: FS50145474
  • Date: 26 November 2009
  • Public Authority: Ministry of Justice
  • Summary: In May 2006, the complainant requested a copy of the previous year’s report of the Office of Surveillance Commissioners relating to HM Prison Service (England and Wales). The public authority refused to provide this citing provisions of section 31 (Law enforcement exemption) and section 38 (Health and safety exemption) as its basis for doing so. After an internal review, it provided him with an extract from the report but upheld its position in relation to the remainder. It also cited section 40 (unfair disclosure of personal data) as a basis for withholding individuals’ names which were found in the report. The Commissioner found that the majority of the withheld information was correctly withheld under section 31 of the Act. However, the Commissioner was not persuaded by the public authority’s arguments as to application of section 40. The Commissioner requires the public authority to disclose certain personal data within the report which, in his view, is not exempt under section 40.
  • View PDF of Decision Notice: [1]