Request
I am writing to make a FOI request for information relating to the circumstances in which a number of files at TNA have been withdrawn from public access pending a review. The files in question are:
- DEFE 68/749. Record opening date 25th October 2017. Placed ‘Access Under Review’ 17th June 2022.
- MEPO 2/2832. Listed in catalogue as Open Document, Open Description
- MEPO 38/150. Listed in catalogue as Open Document, Open Description
- MEPO 3/557. Record opening date 16 February 2005.
- MEPO 3/558 Listed in catalogue as Open Document, Open Description
- MEPO 2/2828. Listed in catalogue as Open Document, Open Description
- MEPO 2/2832. Listed in catalogue as Open Document, Open Description
- MEPO 38/151. Listed in catalogue as Open Document, Open Description
- MEPO 38/182. Record opening date 1st January 2003
In the case of each file, I require the following information:
1. The reason why access to each file was placed under review
2. Under whose authority each file was withdrawn from public access pending review
3. The precise process (with timescales) for reviewing each file, including the anticipated date of completion of the review and/or resumption of public access.
Outcome
Some information provided.
Response
1. The reason why access to each file was placed under review
All of the above 8 (MEPO 2/2832 is cited twice) records were temporarily withdrawn from public access following a review of an associated record in relation to a Freedom of Information request.
2. Under whose authority each file was withdrawn from public access pending review
The access status of all of the above 8 records was temporarily changed by The National Archives’ staff in accordance with our Reclosure Policy. We are unable to provide you with the identity of the staff member who initiated the temporary change because it would identify a junior member of staff and as such is exempt from release under section 40 (2) of the FOI Act. Please see the explanatory annex for more information regarding section 40 (2).
3. The precise process (with timescales) for reviewing each file, including the anticipated date of completion of the review and/or resumption of public access.
The National Archives does not hold information relating to the precise process (with timescales) for reviewing each of the above 8 records, including the anticipated date of completion of the review and/or resumption of public access. However, the following information may be helpful in the context of your question:
Under our Reclosure Policy, The National Archives has a duty to assess whether the information in open records engages any exemptions under the Freedom of Information Act 2000, when it is brought to our attention that they potentially contain sensitive information. Following a review of a record, if it is recommended for Reclosure, a case is presented to the Reclosure Panel. Decisions to close records that were previously open are subsequently reported to the Advisory Council on National Records and Archives (ACNRA). Whilst there is not a specific timescale for reviewing records under our Reclosure Policy, any withdrawal of access to a public record is a temporary measure whilst the access status of the record can be properly assessed. The National Archives seeks to review these records at the earliest available opportunity.
The Reclosure Policy does not affect the statutory rights of members of the public to request access to a closed record by making a request under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004. Requests will be treated on their merits and a further assessment of whether the information can be returned to the public domain will be undertaken. Should a member of the public disagree with a Panel’s decision they have the right to appeal to the Chief Executive and Keeper of The National Archives.
In the case of the above records, after the records were temporarily withdrawn from public access, FOI requests were received (except for DEFE 68/749). Due to the legislative requirements, the FOI review process took priority over the Reclosure review process. Now that the FOI requests are completed, the records are undergoing the Reclosure process, explained above.
Please see the following table which explains the current status of the above records:
| Document reference | Current review status |
| DEFE 68/749 | Access is temporarily withdrawn for this record. This record has not yet been reviewed. Once it is reviewed, if FOI exemptions apply, a case for closure will be submitted to the Reclosure Panel and the ACNRA (should a qualified exemption apply). We are unable to provide a completion date, but this process will be completed at the earliest opportunity. |
| MEPO 2/2832 MEPO 3/557 MEPO 3/558 MEPO 2/2828 MEPO 38/151 MEPO 38/182 |
These records were reviewed as a result of an FOI request and a final response issued on 06/04/2023, which outlined the decision to close the records in full under section 31 (1)(a). A case for each of these records will be submitted to the Reclosure Panel and the ACNRA. We are unable to provide a completion date, but this process will be completed at the earliest opportunity. |
| MEPO 38/150 | This record was reviewed as a result of an FOI request and a final response issued on 06/04/2023, which outlined the decision to close the record in full under sections 31 (1)(a) and 40 (2). This case will be submitted to the Reclosure Panel and the ACNRA. We are unable to provide a completion date, but this process will be completed at the earliest opportunity. |
Please note, once an FOI request is completed for records that were previously open, if exemptions apply under FOI, the final stage is for the case to be presented to the Reclosure Panel for their agreement to action the reclosure, in line with our Reclosure Policy. If an FOI request determines that no exemptions apply, the case is not presented to the Reclosure Panel and the record is returned to public access.
The National Archives publishes annual figures for reclosed records at series level which can be found here.
Explanatory annexe
Exemptions applied
Section 40(2): Personal Information where the applicant is not the data subject
Section 40 exempts personal information about a ‘third party’ (someone other than the requester), if revealing it would breach the terms of Data Protection Legislation. Data Protection Legislation prevents personal information from release if it would be unfair or at odds with the reason why it was collected, or where the subject had officially served notice that releasing it would cause them damage or distress. Personal information must be processed lawfully, fairly and in a transparent manner as set out by Art. 5 of the United Kingdom General Data Protection Regulation (UK GDPR).
In this case the exemption applies because the requested material contains information which would identify junior members of staff.
Publishing the names and contact details of junior members of staff is considered an unfair use of personal data. Junior members of staff would have no expectation that information about their positions would be made available in the public domain; to do so would be unfair and contravene the first data protection principle of the Data Protection Act. As such, the names, positions and contact details of junior officials are withheld under section 40 (2) of the FOI Act.
Further guidance about the publication of junior staff names can be found here:
https://ico.org.uk/media/fororganisations/documents/1187/section_40_requests_for_personal_data_about_employees.pdf