Information Commissioner's Office

Summary: The complainant made three requests for information relating to detentions carried out by the armed forces operating jointly with the US armed forces, or with the armed forces of any other country. Following the internal review, the stance of the public authority was that the cost limit would be exceeded in relation to the first request, and that the information falling within the scope of the second and third requests was personal data and so was subject to the exemption provided by section 40(2) (personal information). The Commissioner finds that the public authority estimated correctly that it would exceed the cost limit to disclose the information falling within the scope of the first request, but that it would not have exceeded the cost limit for the public authority to confirm or deny whether it held this information. In relation to the second and third requests, the Commissioner finds that the public authority applied section 40(2) correctly in relation to some information falling within the scope of these requests, but that the remainder of this information would not constitute personal data and so was not subject to this exemption. The public authority is required to disclose this information. 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) of the Act. Information Tribunal appeal number EA/2010/0139 and 0140 part allowed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 12 - Complaint Partly Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Partly Upheld