Information Commissioner's Office

Summary: The complainant has requested information relating to the drafting of two reports, which considered the feasibility of the potential resettlement of some of the islands in the Chagos Archipelago (British Indian Ocean Territory). The complainant also requested a list of the documents held that fell under the scope of the request. The Foreign and Commonwealth Office (the -�FCO-�) disclosed some information, but withheld some under the formulation of government policy exemption (FOIA sections 35(1)(a) and (d)); the legal professional privilege exemption (FOIA section 42); and the third party personal information exemption (FOIA section 40(2)). The FCO refused to provide a list of the documents that fell under the scope of the request on the basis that it did not hold this information. The Commissioner-�s decision is that no further relevant information is held. He is satisfied that the FCO was correct to rely upon section 42 to withhold some of the withheld information. He has decided that some of the withheld information was environmental information, and that this information should be withheld under the internal communications exception (EIR regulation 12(4)(e)). However, the Commissioner has also decided that the FCO should have provided the complainant with a list of the documents that it held that fell under the scope of the request. Therefore the Commissioner requires the FCO to provide the complainant with a list of the documents that it held (at the time of the request) that fell under the scope of the request. This list should include both the information disclosed to the complainant as a result of his request, and the withheld information. Information Tribunal appeal number EA/2011/0300 part allowed.
Section of Act/EIR & Finding: FOI 42 - Complaint Not upheld, EIR 12.4.e - Complaint Not upheld