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Ministry of Defence (Central government) [2020] UKICO fs50883087 (18 February 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50883087.html
Cite as:
[2020] UKICO fs50883087
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Ministry of Defence
The complainant submitted a request to the Ministry of Defence (MOD) seeking information about the monitoring of the health and welfare of crew on nuclear submarines. After a significant delay, the MOD responded to the request and provided some information falling within the scope of the request but sought to withhold further information on the basis of regulations 12(5)(a) (defence and national security) and 12(3) (personal data) of the EIR. The complainant has argued that the information provided to her by the MOD does not fulfil her request. The Commissioner has concluded that the information provided by the MOD to the complainant does fulfil her request and that on the balance of probabilities the MOD does not hold any further information falling within the scope of the request. The Commissioner has also concluded that the MOD is entitled to withhold some of the information in scope on the basis of regulations 12(5)(a) and 12(3) of the EIR. However, the Commissioner has also concluded that the MOD breached regulation 7(1) of the EIR by failing to provide her with a substantive response to her request within 40 working days.
EIR 12(3):
Complaint not upheld
EIR 12(5)(a):
Complaint not upheld
EIR 5:
Complaint not upheld
Decision notice:
fs50883087