Information Commissioner's Office

Summary: The complainant has requested correspondence exchanged between UK officials (including named military officers) and the International Criminal Tribunal for the former Yugoslavia (-�ICTY-�). The Cabinet Office argued that it did not hold the requested information. It upheld this position at internal review. The complainant identified some information which was, in his view, held by the Cabinet Office for the purposes of the FOIA. Although the Cabinet Office disputed this view, it identified, during the course of the Commissioner-�s investigation, other information within the scope of the requests which it accepted it held for the purpose of the FOIA. The Commissioner-�s decision is that the Cabinet Office should have disclosed the information described in a Confidential Annex to this Notice within 20 working days of receiving the request. It contravened section 1(1) and section 10(1) where it failed to do so. However, the other information that it holds that has been identified as being within the scope of the request is private correspondence that is not held by the Cabinet Office for the purposes of the Act.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld