Department for Transport (Central Government): ICO 28 Feb 2022

The complainant has requested information on the Department for Transport’s (DfT) communications with the General Directorate MOVE of the European Commission and for documents issued by the DfT containing rules of aviation security relating to cabin luggage in a specific time period. The DfT refused the first part of the request citing section 12(1) of the FOIA. The DfT withheld the information in the second part of the request under section 24 of the FOIA. The Commissioner’s decision is that the DfT has correctly relied on section 12(1) to refuse to comply with the first part of the request but failed to comply with its obligations under section 16 (advice and assistance) of the FOIA. The Commissioner also finds that section 24 was correctly engaged in relation to the second part of the request and the balance of the public interest favours maintaining the exemption. The Commissioner requires the public authority to provide advice and assistance to the complainant to assist in submitting a request falling within the appropriate limit.
FOI 16: Complaint upheld FOI 24: Complaint not upheld FOI 12: Complaint not upheld


[2022] UKICO ic-93997




England and Wales


Updated: 14 November 2022; Ref: scu.674872