Information Commissioner's Office

Foreign and Commonwealth Office

23 June 2016, Central government

The submitted a request to the Foreign and Commonwealth Office (FCO) seeking information about the kidnapping and death of four British citizens in Chechnya in 1998. The FCO provided the complainant with various press cuttings it held but sought to rely on the following exemptions within FOIA to withhold the remaining information: section 27(1)(a) – international relations; section 35(1)(a) – government policy; sections 38(1)(a) and (b) – health and safety; section 40(2) – personal data; section 41(1) – information provided in confidence; section 42(1) – legal professional privilege; section 43(2) – commercial interests. It also sought to rely on section 23(5) (security bodies) of FOIA to refuse to confirm or deny whether it held any further information falling within the scope of this request. The Commissioner is satisfied that the withheld information is exempt from disclosure on the basis of the various exemptions cited by the FCO. He has also concluded that the FCO is entitled to rely on section 23(5) in the manner in which it did. However, the Commissioner has concluded that the FCO breached section 17(3) by failing to complete its public interest test considerations within a reasonable timeframe.

FOI 17: Upheld FOI 27: Not upheld FOI 35: Not upheld FOI 38: Not upheld FOI 40: Not upheld FOI 41: Not upheld