21 September 2015, Central government
The complainant submitted a request to the Ministry of Defence (MOD) for copies of eight documents it held concerning peaceful nuclear explosions. After some delay, the MOD complied with the request withholding some information on the basis of sections 24(1), 27(1)(a), (c) and (d), and 40(2) of FOIA. However, despite upholding the application of these exemptions at the internal review stage the MOD also argued that it should have refused to comply with the request from the outset on the basis of section 14(1) because complying with it was so burdensome. The MOD confirmed that it was now seeking to belatedly rely on this provision of the legislation to refuse to comply with the request. The Commissioner has concluded that the MOD is entitled to refuse to comply with the request on the basis of section 14(1). He does not require the MOD to take any steps as a result of this notice.
FOI 14: Not upheld