Ministry of Defence

The complainant has requested correspondence relating to the evacuation of Nowzad staff and animals from Afghanistan in 2021. The MOD refused to disclose any of the requested information, citing the exemptions at section 40(2) (third party personal data), section 38 (health and safety), section 27(1)(a) and (c) (international relations), section 26 (defence) and section 36(2)(c) (effective conduct of public affairs). The Commissioner’s decision is that the MOD has failed to demonstrate that any of the exemptions are engaged, albeit that he finds that the MOD was entitled to rely on section 40(2) in respect of some personal data. The Commissioner requires the MOD to disclose the information withheld under section 38, section 27, section 26 and section 36(2)(c), and some of the information withheld under section 40(2).