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You are here: BAILII >> Databases >> Information Commissioner's Office >> Foreign and Commonwealth Office (Decision Notice) [2012] UKICO FS50376975 (16 January 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FS50376975.html
Cite as: [2012] UKICO FS50376975
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Foreign and Commonwealth Office (Decision Notice) [2012] UKICO FS50376975 (16 January 2012)
Summary: The complainant submitted two requests to the Foreign and Commonwealth Office (FCO) both of which sought documents which had apparently been retained by the FCO when a file was passed to The National Archives. The FCO-™s initial position was that the information falling within the scope of both requests was exempt from disclosure on the basis of section 23(1) of FOIA which provides an exemption for information supplied by, or relating to, security bodies. However, during the course of the Commissioner-™s investigation the FCO informed him that it did not in fact hold the information falling within the scope of the second request. The Commissioner-™s decision is that the information falling within the scope of the first request is exempt from disclosure on the basis of section 23(1). He is also satisfied that the FCO does not in fact hold the information falling within the scope of the second request. However, by incorrectly informing the complainant in its initial responses that it did in fact hold such information, the FCO breached section 1(1)(a) of FOIA. This section places a duty on public authorities to inform applicants whether or not they hold information of the nature that is requested.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 23 - Complaint Not upheld