Information Commissioner's Office

Summary: The complainant requested information that the Cabinet Office holds about the sinking of the Belgrano during the Falklands War. The complaint also asked for a schedule of the information that had been withheld. The Cabinet Office provided him with some information but withheld the majority of the information on the basis of the exemptions contained at sections 23(1), 27(1)(a), 27(2), 35(1)(a) and 35(1)(b). The Cabinet Office also explained that it did not hold a schedule of the information that had been withheld. The Commissioner has concluded that the Cabinet Office was correct to rely on section 23(1) to withhold some of the information falling within the scope of the request and furthermore, was also correct to withhold a number of further documents on the basis of sections 27 and 35. However, the Commissioner has also concluded that a number of documents are not exempt on the basis of sections 27 or 35 and the Commissioner has therefore ordered the Cabinet Office to disclose this information. The Commissioner has also concluded that the Cabinet Office does hold a schedule of the withheld information and has ordered the Cabinet Office to disclose a schedule detailing the information withheld on the basis of sections 27 and 35. Information Tribunal appeal EA/2009/0025 has been withdrawn.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld, FOI 23 - Complaint Not upheld, FOI 27 - Complaint Partly Upheld, FOI 35 - Complaint Partly Upheld