Ministry of Defence

The complainant submitted a request to the Ministry of Defence for the terms of reference for Operation HELVETIC. The MOD identified two documents containing relevant information and disclosed a small portion of information. However, it argued that the remaining withheld information was exempt from disclosure on the basis of section 26(1)(b) (defence) of FOIA. In addition, the MOD argued that some of the withheld information was also exempt from disclosure on the basis of either section 23(1) (security bodies) or section 24(1) (national security). The Commissioner has concluded that part of the withheld information is exempt from disclosure on the basis of section 26(1)(b) and that in all the circumstances of this case the public interest favours maintaining this exemption. However, in relation to the remainder of the withheld information the Commissioner is not persuaded that this is exempt from disclosure on the basis of section 26(1)(b). This decision notice is currently under appeal to the Tribunal.