Ministry of Justice
102 Petty France
8 August 2018
Dear E Jenkinson
Freedom of Information Act (FOIA) Request –
Thank you for your request dated 13 July 2018 in which you asked for the following
information from the Ministry of Justice (MoJ):
Can you please confirm legal aid being claimed by parties in family case TR18P00346
Your request has been handled under the FOIA.
I can neither confirm nor deny if the MoJ holds the information that you have requested.
Under sections 32(3) and 40(5) of the FOIA we are not obliged to confirm or deny whether
we hold information that relates to court records and if to do so would contravene any of the
principles set out in Article 5(1) of the General Data Protection Regulation and section 34(1)
of the Data Protection Act 2018.
FOI is a public disclosure regime, not a private regime. This means that any information
disclosed under the FOIA by definition becomes available to the wider public. If any
information were held, confirming this could reveal to the world at large that an individual
was involved in the justice system; this would constitute the personal data of that individual.
To disclose this fact would breach the General Data Protection Regulation and/or the Data
Protection Act 2018 principles; individuals have a clear and strong expectation that their
personal data will be held in accordance with data protection laws and not disclosed to the
public under the FOIA.
The fact sections 32(3) and 40(5) have been cited, should not be taken as an indication that
the information you have requested is or is not held by the MoJ. These are absolute
exemptions and do not require a public interest test.
If you are not satisfied with this response you have the right to request an internal review by
responding in writing to one of the addresses below within two months of the date of this
Disclosure Team, Ministry of Justice, 10.38, 102 Petty France, London, SW1H 9AJ
You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any
aspect of your complaint. However, please note that the ICO is likely to expect internal
complaints procedures to have been exhausted before beginning their investigation.
Yours sincerely Information Governance
Legal Aid Agency