Ministry of Defence
- Date 1 March 2023
- Sector Central government
- Decision(s) FOI 10(1): Upheld, FOI 17: Upheld, FOI 40(5): Not upheld
The complainant has requested information from the Ministry of Defence (“the public authority”) in relation to a specific report. The public authority refused to confirm or deny whether it held the requested information under section 40(5) of FOIA. The Commissioner’s decision is that the public authority has correctly cited section 40(5B) of FOIA in response to the request as, if held, the information would contain third party personal information. However, as the public authority failed to respond to the request for information within 20 working days, it breached section 10(1). Additionally, as the public authority failed to issue a refusal notice within 20 working days, it has breached section 17(1) of FOIA. The Commissioner does not require the public authority to take any steps as a result of this decision notice.