Attorney General's Office

The complainant has requested from the Attorney General’s Office (“AGO”) information relating to the airstrike targeting Mohammed Emwazi aka “Jihadi John”. The AGO refused to confirm or deny whether it held information citing section 35(3) (Law Officer advice exemption) as its basis for doing so. It confirmed that it did hold press cuttings but argued that these were exempt under section 21 (information readily available to the requester). It upheld its position at internal review although withdrew reliance on section 21 during the course of the Commissioner’s investigation having disclosed to the complainant the only media report it held within the scope of the request. The Commissioner’s decision is that the AGO is entitled to rely on section 35(3) as its basis for refusing to confirm or deny whether it holds information within the scope of the request. No steps are required.