Ministry of Defence
- Date 17 September 2013
- Sector Central government
- Decision(s) FOI 31: Not upheld, FOI 36: Not upheld
The complainant requested information relating to an incident in Cherbourg Marina in September 2011. The MOD disclosed some information within scope of the request but withheld the remainder, citing the exemptions in sections 31 (law enforcement), 40 (personal information) and 42 (legal professional privilege). During the course of the Commissioner’s investigation the MOD clarified that it also considered that section 36 (prejudice to effective conduct of public affairs) was engaged. The Commissioner has investigated and decided that the MOD correctly withheld the withheld information by virtue of sections 31, 36, 40 and 42. He requires no steps to be taken. Information Tribunal EA/2013/0214 dismissed.