Information Commissioner's Office

Ministry of Defence

11 August 2008, Central government

The complainant made a successful information request to MOD under the Act. Subsequently he asked to see copies of the documentation created during the consideration of that request. MOD, although it did agree to provide the complainant with a summary setting out the main stages of the process it had gone through, refused to provide the information sought and cited section 36 of the Act. The Commissioner took the view that, apart from a small amount of information and the names of the staff who had dealt with the matter, section 36 had not been applied correctly and that the information should be released. This decision notice is currently under appeal to the Information Tribunal.

FOI 36: Upheld