MoJ Upheld, Section 40(2) Withheld Diversity Data
Summary
The ICO has upheld the Ministry of Justice's decision to withhold certain workforce diversity information under section 40(2) of the Freedom of Information Act. The complainant requested employee numbers broken down by grade and ethnicity from 2020/21 onwards for the Courts, Criminal and Family Justice Directorate. The MoJ held no information in disclosable format for 2021-2022 but disclosed some information for 2023-2024 while withholding the remainder on third-party personal information grounds. The ICO determined the MoJ correctly applied the exemption.
“The Commissioner’s decision is that the MOJ has correctly relied on section 40(2) of FOIA to withhold the information.”
About this source
The Information Commissioner's Office is the UK's data protection and freedom of information authority. Decision notices are the formal written outcomes of ICO investigations into complaints against public authorities for Freedom of Information Act compliance. Around 230 decisions a month, each naming the authority, request details, whether the request was upheld, partially upheld, or rejected, and any remedial action ordered. Decision notices are a rich vein of information about UK government transparency and often reveal what specific requests ICO considers legitimate. Watch this if you file FOI requests in the UK, advise public authorities on disclosure obligations, or research information rights case law.
What changed
The ICO issued a Decision Notice finding that the Ministry of Justice correctly relied on section 40(2) of the Freedom of Information Act to withhold workforce diversity information. The complainant sought employee numbers broken down by grade and ethnicity from 2020/21 onwards, but the MoJ withheld portions citing third-party personal information protection.\n\nPublic sector bodies should note that workforce diversity data can be withheld under s.40(2) FOIA where disclosure would constitute an unfair disclosure of personal data. The ICO's confirmation of this exemption provides clarity on the boundaries of disclosure obligations for government workforce statistics.
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Apr 28, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Ministry of Justice (MoJ)
- Date 23 April 2026
- Sector Central government
- Decision(s) FOI 40: Upheld The complainant has requested workforce diversity information relating to the Courts, Criminal and Family Justice Directorate, including employee numbers broken down by grade and ethnicity from 2020/21 onwards. The MOJ held no information in a disclosable format for 2021 to 2022 but disclosed some information within the scope of the request for 2023 to 2024 relying on section 40(2) of FOIA (third party personal information) to withhold the remainder. The Commissioner’s decision is that the MOJ has correctly relied on section 40(2) of FOIA to withhold the information.
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