Expensive Requester,
Thanks on your e-mail of 23 October 2024, during which you request copies of the emails disclosed within the Freedom of Info Act request FOI2024/04564.
You particularly ask:
In FOIA FOI2024/04564 a small variety of e-mails had been recognized, I’d like copies of these, I realise some redactions could also be essential. Be aware the DfT put it into the general public area that the House Secretary permitted using the Night time Fighter jammer (on this FOIA: Gatwick “drone” associated emails – a Freedom of Info request to Division for Transport – WhatDoTheyKnow) in order that doesn’t want
redacting if it’s lined inside this batch.
Your request has been dealt with as a request for data underneath the Freedom of Info Act 2000.
In relation to your request above, we will verify that the House Workplace holds a number of the data that you’ve got requested, and we have now disclosed this beneath. Now we have redacted sure data as that is exempt from disclosure by advantage of the exemptions listed underneath Sections 23 (Info equipped by, or regarding, our bodies coping with safety issues), 24 (Nationwide Safety), 31 (Regulation Enforcement) 38 (Well being and Security), 40 (Private Info) of the Freedom of Info Act 2000.
In relation to the e-mail “Fwd: 20181220 – House Secretary and Transport Secretary Name:
Gatwick Drone Incident 21/12/2018 07:36”, we have now carried out an intensive search and we have now established that the House Workplace doesn’t maintain the knowledge which you might have requested.
In our preliminary response to FOI2024/04564, we recognized the e-mail title, time and date of every e-mail obtained. The search didn’t get better the physique of the e-mail, solely the precise data requested within the Freedom of Info Request. Following your present request FOI: 2024/08785, we carried out an intensive search of related mailboxes and shared drives however sadly the physique of this specific e-mail couldn’t be discovered.
Regrettably, due to this fact, we have now concluded that this particular data is just not held. Info has been withheld underneath part 40(2) of the FOIA due to the situation at part 40(3A)(a) the place this issues the non-public knowledge of third events. The House Workplace has obligations underneath knowledge safety laws and in legislation typically to guard private knowledge. This exempts private knowledge from launch if disclosure would contravene any of the information safety ideas in Article 5(1) of the UK Normal Knowledge Safety Regulation and part 34(1) of the Knowledge Safety Act 2018. We consider launch would breach the primary knowledge safety precept, since it could be illegal and unfair to reveal the knowledge.
Part 40 of the Act is an absolute exemption and never topic to the general public curiosity take a look at.
Within the circumstances of this case, it’s not acceptable to supply any data that was both equipped by, or pertains to, one of many safety our bodies listed in part 23(3) of the FOIA.
We’re due to this fact making use of sections 23(1) (data equipped by or regarding safety our bodies) to a part of your request. Because the exemption at part 23(1) is an absolute exemption, no proof of hurt or evaluation of the steadiness of the general public curiosity is required to help its software.
Please discover additional particulars of those exemptions within the Annex to this letter. Refer beneath Annex for supporting particulars:
ANNEX: Exemptions Used
Part 23 Info equipped by, or regarding, our bodies coping with safety issues
Part 24 Nationwide Safety
Part 31 Regulation Enforcement
Part 38 Well being and Security
Part 40 Private Info
ANNEX: Public Curiosity Take a look at (PIT)
Sections 24, 31 and 38 of the Act are certified exemptions and require consideration of the general public curiosity take a look at. Now we have concluded the general public curiosity lies in favour of withholding the knowledge. The arguments we thought of, each for and towards disclosure, are set out within the Annex.
ANNEX: Unique Request
ANNEX: Disclosed Info
In case you are dissatisfied with this response you might request an unbiased inner overview of our dealing with of your request by submitting a criticism inside two months to [email protected], quoting reference 2024/08785.
When you ask for an inner overview, it could be useful in the event you might say why you might be dissatisfied with the response.
As a part of any inner overview the Division’s dealing with of your data request can be reassessed by employees who weren’t concerned in offering you with this response. When you stay dissatisfied after this inner overview, you’ll have a proper of criticism to the Info Commissioner as established by part 50 of the Freedom of Info Act.
Yours sincerely
Freedom of Info
House Workplace
Associated
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