Summary: The complainant has requested information prepared in advance of a possible Labour Party victory in a general election in 1991 or 1992. The Cabinet Office confirmed it held some information within the scope of the request but cited the following exemptions as its basis for refusing to provide that information; section 27 (international relations); section 31 (law enforcement); section 35 (formulation development of government policy); section 38 (health and safety); and section 40(2) (unfair disclosure of personal data). It also refused to confirm whether it held any other information within the scope of the request citing section 23 (security bodies) and section 24 (national security) as its basis for doing so. Following an internal review, it withdrew reliance on section 35 and introduced reliance on section 36 (effective conduct of public affairs). During the Commissioner-™s investigation, it withdrew reliance on section 31 and section 38. The Commissioner-™s decision is that the Cabinet Office is entitled to rely on section 36 in relation to the majority of the information that it has confirmed it holds. However, a small portion of the information that it has confirmed it holds is not exempt from disclosure. The Cabinet Office is entitled to refuse to confirm or deny whether it holds any other information within the scope of the request by virtue of section 23 and section 24. The Commissioner requires the public authority to disclose the information listed in a Confidential Annex to this Notice.
Section of Act/EIR & Finding: FOI 23 - Complaint Not upheld, FOI 24 - Complaint Not upheld, FOI 36 - Complaint Partly Upheld