Expensive Requester,
Thanks to your e-mail of 23 October 2024, wherein 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 needed. Word the DfT put it into the general public area that the Residence Secretary accepted the usage of 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 coated inside this batch.
Your request has been dealt with as a request for data beneath the Freedom of Info Act 2000.
In relation to your request above, we will verify that the Residence Workplace holds a number of the data that you’ve got requested, and we’ve got disclosed this under. We’ve got redacted sure data as that is exempt from disclosure by advantage of the exemptions listed beneath Sections 23 (Info equipped by, or referring to, our bodies coping with safety issues), 24 (Nationwide Safety), 31 (Legislation Enforcement) 38 (Well being and Security), 40 (Private Info) of the Freedom of Info Act 2000.
In relation to the e-mail “Fwd: 20181220 – Residence Secretary and Transport Secretary Name:
Gatwick Drone Incident 21/12/2018 07:36”, we’ve got carried out a radical search and we’ve got established that the Residence Workplace doesn’t maintain the knowledge which you may 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 performed a radical 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’ve got concluded that this particular data isn’t held. Info has been withheld beneath part 40(2) of the FOIA due to the situation at part 40(3A)(a) the place this considerations the non-public information of third events. The Residence Workplace has obligations beneath information safety laws and in regulation usually to guard private information. This exempts private information from launch if disclosure would contravene any of the info safety ideas in Article 5(1) of the UK Common Information Safety Regulation and part 34(1) of the Information Safety Act 2018. We consider launch would breach the primary information safety precept, since it will 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 check.
Within the circumstances of this case, it isn’t applicable 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 referring to 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 under Annex for supporting particulars:
ANNEX: Exemptions Used
Part 23 Info equipped by, or referring to, our bodies coping with safety issues
Part 24 Nationwide Safety
Part 31 Legislation Enforcement
Part 38 Well being and Security
Part 40 Private Info
ANNEX: Public Curiosity Check (PIT)
Sections 24, 31 and 38 of the Act are certified exemptions and require consideration of the general public curiosity check. We’ve got concluded the general public curiosity lies in favour of withholding the knowledge. The arguments we thought of, each for and in opposition to disclosure, are set out within the Annex.
ANNEX: Authentic Request
ANNEX: Disclosed Info
If you’re dissatisfied with this response it’s possible you’ll 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.
Should you ask for an inner overview, it will be useful for those who may say why you’re dissatisfied with the response.
As a part of any inner overview the Division’s dealing with of your data request will likely be reassessed by workers who weren’t concerned in offering you with this response. Should you stay dissatisfied after this inner overview, you’d 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
Residence Workplace
Associated
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