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Ministry of Defence

  • Date 18 January 2019
  • Sector Central government
  • Decision(s) FOI 16: Not upheld, FOI 40: Not upheld

The complainant submitted a request to the Ministry of Defence (MOD) for the forenames and date of birth of a particular individual who had served in World War Two. The MOD had refused to provide him with this information on the basis of section 40(2) of FOIA. The complainant disputed its reliance on this exemption and also argued that the MOD had failed to provide him with adequate advice and assistance in line with its duties under section 16 of FOIA The Commissioner has concluded that the requested information is exempt from disclosure on the basis of section 40(2) of FOIA and that in all the circumstances of the case there is no further advice and assistance it could have reasonably provided to the complainant.