Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Defence (Central government) [2022] UKICO 127535 (30 May 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-127535.html

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Ministry of Defence

The complainant requested legal advice which supported a statement made that the UK’s nuclear deterrent and an increase in its stockpile ceiling is consistent with the UK’s international legal obligations. The Ministry of Defence (MOD) confirmed that it held information falling within the scope of the request but that it considered this to be exempt from disclosure on the basis of sections 24 (national security), 26 (defence), 35 (Law Officers’ advice) and 42 (legal professional privilege) of FOIA. The Commissioner’s decision is that the MOD was entitled to rely on the exemption at section 42(1) in respect of all of the withheld information, and section 35(1)(c) in respect of some of the withheld information. The Commissioner does not require the MOD to take any further steps.

FOI 35: Complaint not upheld FOI 42: Complaint not upheld

Decision notice: ic-127535