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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Defence (Central government) [2023] UKICO 132778 (9 January 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/132778.html
Cite as: [2023] UKICO 132778
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Ministry of Defence
The complainant requested information relating to a near miss incident involving a Royal Navy submarine and a ferry in 2018. 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(1)(b) (defence), and 44(1)(a) (statutory prohibitions on disclosure) of FOIA. The MOD also refused to confirm or deny whether it held information in respect of one part of the request, in reliance on section 40(5B) (third party personal data). The Commissioner’s decision is that the MOD was entitled to rely on section 26(1)(b) in respect of the withheld information, and section 40(5B) in respect of the refusal to confirm or deny that information was held. The Commissioner does not require the MOD to take any further steps.FOI 26: Complaint upheld FOI 40(5B): Complaint upheld
Decision notice: 132778