The complainant requested various information regarding convictions including the total number of convictions broken down by nationality and headline offence groups. The Ministry of Justice (the MoJ) refused to provide the requested information citing section 40(2) (personal information) of the FOIA. However, during the course of the Commissioner’s investigation, the MoJ also relied on section 12 (cost of compliance exceeds the appropriate limit) of the FOIA. The Commissioner’s decision is that the MoJ has failed to demonstrate that section 12 is engaged, and that section 40(2) applies to information where the numbers are less than five but does not apply to any numbers of five or above.