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You are here: BAILII >> Databases >> Information Commissioner's Office >> Ministry of Defence (Decision Notice) [2011] UKICO FS50365907 (23 March 2011) URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50365907.html Cite as: [2011] UKICO FS50365907 |
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Summary: The complainant submitted a request in May 2010 to the Ministry of Defence (MOD) for a copy of a study prepared by Lt Gen Chris Brown concerning the invasion of Iraq. The MOD responded to this request by citing section 36 of the Act, and then also sections 26 and 27, but explained that it needed further time to consider the balance of the pubic interest test for each exemption. At the point this Notice is being issued the MOD has failed to complete its consideration of the public interest tests, a delay which represents a breach of section 17(3) of the Act which requires any public interest consideration to be completed within a reasonable time period. In the Commissioner-™s opinion the time taken by the MOD in this case to complete its deliberations is clearly unreasonable. The MOD is required to issue a notice to the complainant explaining where it believes the balance of the public interest lies in respect of each of these exemptions. If the MOD determines that the public interest favours disclosure of any of the requested information this should be provided to the complainant.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 17 - Complaint Upheld