Summary: The complainant has requested a copy of an opinion by counsel regarding the compatibility of SBA [the Sovereign Base Areas of Cyprus] Courts with ECHR dated 2000/2001 (-the opinion-). MOD refused to disclose the opinion citing the section 42(1) FOIA legal professional privilege exemption as its basis for doing so. The Commissioner decided that MOD had applied the section 42(1) FOIA exemption correctly and that the balance of the public interest favoured maintaining the exemption. He also noted a breach of section 17(3)(c) FOIA for which MOD has apologised. The Commissioner decided that MOD need take no further steps to comply with the legislation.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 42 - Complaint Not upheld