The complainant submitted a request to the Foreign and Commonwealth Office (FCO) seeking emails held by the Nigerian section which mentioned certain key words relating to an oil field. The FCO provided some information falling within the scope of the request but withheld parts of the information on the basis of sections 27(1)(a) and (b) (international relations), 31(1)(a) and (c) (law enforcement) and 40(2) (personal data) of FOIA. It also refused to confirm or deny whether it held any further information falling within the scope of the request on the basis of sections 23(5) (security bodies) and 24(2) (national security) of FOIA. The complainant argued that the FCO should have considered his request under the EIR and in any event disputed the application of the various FOIA exemptions it had cited. The Commissioner has concluded that the request should be considered under FOIA and that the FCO is entitled to rely on sections 27(1)(a) and 40(2) to withhold information. She has also concluded that FCO is entitled to rely on sections 23(5) and 24(2) to refuse to confirm or deny whether it holds any further information.
FOI 40: Complaint not upheld FOI 27: Complaint not upheld FOI 24: Complaint not upheld FOI 23: Complaint not upheld
Citations:
[2019] UKICO fs50845427
Links:
Jurisdiction:
England and Wales
Information
Updated: 25 November 2022; Ref: scu.650409
