Information Commissioner's Office

Summary: The complainant made a three part request for information relating to detention practices in Iraq and Afghanistan. The public authority disclosed some information falling within the scope of the first part of the request, but withheld the remainder under sections 23(1) (information supplied by, or relating to, bodies dealing with security matters), 26(1)(b) (defence), 27(1)(a) (international relations), 38(1)(a) and (b) (endangerment to health and safety) and 42(1) (legal professional privilege). The second part of the request was refused under section 40(2) (personal information) and the third part under section 12(1) (cost limit). The Commissioner finds that the public authority was correct to withhold the information referred to in each of the three parts of the request, apart from that to which it applied sections 38(1)(a) and (b), which the Commissioner finds are not engaged. The public authority is required to disclose the information previously withheld under sections 38(1)(a) and (b). The Commissioner also finds that the public authority failed to comply with the procedural requirements of sections 1(1)(a), 1(1)(b), 10(1), 17(1) and 17(5). Information Tribunal appeal number EA/2010/0138 part allowed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 12 - Complaint Not upheld, FOI 17 - Complaint Upheld, FOI 23 - Complaint Not upheld, FOI 26 - Complaint Not upheld, FOI 27 - Complaint Not upheld, FOI 38 - Complaint Upheld, FOI 40 - Complaint Not upheld, FOI 42 - Complaint Not upheld