National Archives
- Date 7 January 2025
- Sector Central government
- Decision(s) FOI 38(1)(a): Upheld, FOI 40(2): Not upheld, FOI 41(1): Not upheld
The complainant has requested information in a file held by the National Archives (TNA) about the unsolved murder of Kelso Cochrane. TNA disclosed some of the information and withheld the remainder under sections 38(1)(a), 40(2) and 41(1) of FOIA. These exemptions concern endangerment to mental health, personal data and information provided in confidence, respectively. The Commissioner’s decision is that TNA correctly applied sections 40(2) and 41(1) of FOIA to information that it’s withholding but incorrectly applied section 38(1)(a) to the remaining information. The Commissioner requires TNA to take the following step to ensure compliance with the legislation: Disclose to the complainant the information to which it applied section 38(1)(a) of FOIA.