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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Defence (Decision Notice) [2011] UKICO FS50351931 (12 July 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50351931.html
Cite as: [2011] UKICO FS50351931
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Ministry of Defence (Decision Notice) [2011] UKICO FS50351931 (12 July 2011)
Summary: The complainant requested information relating to a named ex-serviceman-™s entitlement to campaign stars or medals for service during the Second World War. The public authority refused to provide this citing section 44 of the Act (Statutory Bar). At internal review it maintained this position and also sought reliance on the exemption at section 21 (Accessible to the requester by other means) because the information fell within its publication scheme, subject to certain restrictions relating to next of kin consent and the passage of time. In correspondence with the Commissioner, it also introduced reliance on section 22 (Information intended for future publication). The Commissioner has concluded that the public authority is entitled to rely on section 22 as a basis for withholding the information. However, in failing to cite this in its response to the complainant, it contravened provisions of sections 1, 10 and 17 of the Act.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 22 - Complaint Not upheld