Summary: The complainant requested information concerning investigations by the Royal Military Police of incidents in Afghanistan in which Afghan civilians have been either killed or wounded by British personnel. The Ministry of Defence (MoD) refused to disclose this information under the exemptions provided by sections 30 (information held for the purposes of an investigation) and 40(2) (personal information of third parties). It also refused to confirm or deny whether any further information was held under sections 23(5) (information relating to, or supplied by, security bodies) and 24(2) (safeguarding national security). The Commissioner-™s decision is that the MoD has applied the exemptions provided by sections 30, 23(5) and 24(2) correctly. In relation to section 40(2), the Commissioner finds that this exemption was applied correctly in part, but that some of the information withheld under this section is not exempt. The Commissioner requires the public authority to disclose the information described in paragraphs 36 to 38 below in relation to which the Commissioner has found that section 40(2) was not engaged.
Section of Act/EIR & Finding: FOI 23 - Complaint Not upheld, FOI 24 - Complaint Not upheld, FOI 30 - Complaint Not upheld, FOI 40 - Complaint Partly Upheld