Ministry of Defence
- Date 10 February 2023
- Sector Central government
- Decision(s) FOI 23: Not upheld, FOI 26: Partly upheld
The complainant submitted a request to the Ministry of Defence (MOD) seeking a list of editions of ‘JSP 398 - UK Rules of Engagement’ and a copy of the latest edition. The MOD provided him with a list of editions and a redacted copy of the latest edition. It explained that the redactions had been made on the basis of sections 23(1) (security bodies), 24(1) (national security) and 26(1)(a) and (b) (defence) of FOIA. The Commissioner’s decision is that the MOD can rely on section 23(1) or sections 26(1)(a) and (b) to withhold the redacted information. The only exception to this conclusion is in respect of the redaction contained at paragraph 33, page 8 of Part 2 of JSP 398; the Commissioner does not accept that this redaction is exempt from disclosure on the basis of sections 26(1)(a) and (b) of FOIA.