Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Defence (Central government) [2023] UKICO 233392 (19 October 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/233392.html
Cite as: [2023] UKICO 233392

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Ministry of Defence

The complainant requested information from the Ministry of Defence (“MOD”) relating to official correspondence and meetings concerning defence procurement issues. The MOD at first applied section 36 of FOIA to the requested information, then it disclosed some information in response to the request, stating that it did not hold any further information within the scope of the request. The Commissioner is not satisfied that, on the balance of probabilities, the MOD does not hold further information within the scope of the request. The Commissioner requires the MOD to take the following steps to ensure compliance with the legislation: • The MOD must carry out further searches and issue the complainant with a fresh response to their request with a detailed explanation of all searches including private platforms aimed at identifying all the information held within the scope of the request. • If the MOD locates further information within the scope of the request, that information should either be disclosed to the complainant or an adequate refusal notice should be provided. The MOD must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.

FOI 1: Complaint upheld

Decision notice: 233392