Ministry of Defence

The complainant submitted a request to the public authority for copies of documents (in relation to the United Kingdom’s Sovereign Base Areas in Cyprus) catalogued at the National Archives but retained by the public authority. The public authority withheld the information on the basis of exemptions at sections 26 and 27 of the Act. The public authority also relied on sections 23(5) and 24(2) to refuse to confirm or deny whether any of the information falling within the scope of the request was also exempt from disclosure on the basis of sections 23(1) and 24(1). The Commissioner concluded that the withheld information is exempt from disclosure on the basis of sections 27(1)(a) and he did not therefore consider the remaining exemptions at section 26 and 27. The Commissioner also concluded that sections 23(5) and 24(2) had been correctly relied upon as a basis upon which to refuse to confirm or deny whether the requested information is also exempt from disclosure on the basis of sections 23(1) or 24(1).