The complainant submitted three requests to the Ministry of Defence (MOD) seeking information about Reaper, an unmanned aerial vehicle. The MOD provided some information in response to request 1 but sought to withhold the remaining information in the scope of this request on the basis of section 26(1)(b) (defence) of FOIA. It applied the same exemption to withhold the information falling within the scope of request 2, and also argued that section 27(1)(a) (international relations) of FOIA applied to that information. In respect of request 3, the MOD provided the complainant with some of the information in scope but explained that it did not hold any further information, or alternatively that to locate any potentially relevant information would exceed the appropriate cost limit. The Commissioner’s decision is that in respect of request 1 the information being withheld is exempt from disclosure on the basis of section 26(1)(b) of FOIA and whilst this exemption does not provide a basis to withhold the information in the scope of request 2, that information is exempt from disclosure on the basis of section 27(1)(a) of FOIA. In respect of both exemptions, the Commissioner is satisfied that the public interest favours maintaining the exemption and withholding the information in question. In respect of request 3, the Commissioner has concluded that the MOD holds some information falling within the scope of the request but that to provide this information would exceed the appropriate cost limit and therefore section 12(1) applies to this request.
FOI 26: Complaint not upheld FOI 27: Complaint not upheld FOI 12: Complaint not upheld
Citations:
[2019] UKICO fs50789461
Links:
Jurisdiction:
England and Wales
Information
Updated: 05 August 2022; Ref: scu.639179
