Information Commissioner's Office

Cabinet Office

13 January 2015, Central government

The complainant requested information in relation to the North Atlantic Treaty Organisation’s (NATO) air strikes in Serbia and Kosovo in March 1999. The Commissioner decided the public authority was entitled to rely on the exemptions at sections 27(1)(a), (b), (c) and (d) and section 42(1) FOIA to withhold information within the scope of the request. He also decided that the public authority was entitled to rely on the exemptions at sections 23(5) and 24(2) to neither confirm nor deny whether it held information within the scope of the request which, if held, would be exempt by virtue of sections 23(1) and 24(1) FOIA. Furthermore, that the public authority was also entitled to rely on the exemption at section 35(3) to neither confirm nor deny whether it held information within the scope of the request which, if held, would be exempt by virtue of section 35(1)(b) FOIA. The Commissioner however found the public authority in breach of section 10(1) FOIA. This decision notice is currently under appeal to the Tribunal.

FOI 10: Upheld FOI 23: Not upheld FOI 24: Not upheld FOI 27: Not upheld FOI 35: Not upheld FOI 42: Not upheld