Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Foreign, Commonwealth & Development Office (Central government) [2021] UKICO ic-44558 (14 December 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-44558.html
Cite as: [2021] UKICO ic-44558

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Foreign, Commonwealth & Development Office

The complainant has made three linked requests information regarding the treatment of five individuals who have made a legal claim made against the Foreign, Commonwealth and Development Office (then called the Foreign and Commonwealth Office) (“FCDO”). FCDO refused to provide the information citing section 40 (unfair disclosure of personal data), section 32 (court records) and section 42 (legal professional privilege) as its basis for doing so. It also refused to confirm or deny whether it held information within the scope of the request that would be caught by section 24 (national security) or section 23 (security bodies). It upheld this at internal review. During the course of the Commissioner’s investigation it also sought to rely on section 31 (prejudice to the administration of justice) as an additional basis for withholding some of the information. It also denied holding information within the scope of the third request. The Commissioner’s decision is that FCDO is entitled to rely on section 32(1)(a) and section 31(1)(c) as its basis for refusing to provide the requested information. It is also entitled to rely on section 23(5) and section 24(2) as its basis for refusing to confirm or deny whether the information it holds within the scope of the request also includes information relating to the security bodies or information which would prejudice the safeguarding of national security. The Commissioner is also satisfied that it held no information within the scope of the third request at the time that request was made. No steps are required.

FOI 31: Complaint not upheld FOI 32: Complaint not upheld FOI 24: Complaint not upheld FOI 23: Complaint not upheld

Decision notice: ic-44558