Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Foreign, Commonwealth & Development Office (Central government) [2023] UKICO 168940 (6 February 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/168940.html
Cite as: [2023] UKICO 168940

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Foreign, Commonwealth & Development Office

The complainant submitted a request to the Foreign, Commonwealth & Development Office (FCDO) seeking information relating its processing of a previous request for information which she had submitted to the department seeking copies of the Foreign Secretary’s ministerial diaries. The FCDO disclosed some information falling within the scope of the request but withheld further information on the basis of sections 35(1)(d) (operation of a Ministerial office), 36(2)(b)(i) and (ii), 36(2)(c) (effective conduct of public affairs) and 40(2) (personal data). The complainant challenged the FCDO’s reliance on these exemptions with the exception of section 40(2). The Commissioner’s decision is that the disputed information is exempt from disclosure on the basis of either section 35(1)(d) or sections 36(2)(b)(i) and (ii), 36(2)(c). For some of this information the Commissioner is satisfied that the public interest favours maintaining the relevant exemptions. However, for some information withheld under both sets of exemptions the Commissioner is satisfied that the public interest favours disclosure. The Commissioner has also concluded that the FCDO breached section 17(3) of FOIA given the time it took complete its public interest test considerations before issuing a substantive response to the request.

FOI 17(3): Complaint upheld FOI 35(1)(d): Complaint partly upheld FOI 36: Complaint partly upheld

Decision notice: 168940