Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Defence (Central government) [2022] UKICO ic-66204 (29 March 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-66204.html
Cite as: [2022] UKICO ic-66204

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Ministry of Defence

The complainant submitted to the Ministry of Defence (MOD) an application for the military service record of a deceased individual and a further request seeking all information the MOD held about the individual. The MOD initially argued that the information sought by the application for the service record was exempt from disclosure on the basis of section 21 (information reasonably accessible by other means). It subsequently provided the complainant with a copy of the service record with some information redacted on the basis of section 41(1) (information provided in confidence) of FOIA. In respect of the wider request the MOD located some medical records of the individual in question but it also considered these to be exempt from disclosure on the basis of section 41(1) of FOIA. The Commissioner’s decision is that by failing to process both the application for the service record and the wider request within 20 working days the MOD breached section 10(1) of FOIA. The Commissioner also concluded that the MOD was not entitled to rely on section 21 of FOIA in the manner which it did but that all of the information which the MOD has sought to withhold is exempt from disclosure on the basis of section 41(1) of FOIA.

FOI 10: Complaint upheld FOI 21: Complaint upheld FOI 41: Complaint not upheld

Decision notice: ic-66204