Cabinet Office FOIA case, section 36(2)(c) exemption upheld

ICO Decision Notices

Published March 26th, 2026

Detected March 31st, 2026

Summary

The Information Commissioner's Office issued a Decision Notice in case IC-373252-Y7J5, finding that the Cabinet Office correctly relied on section 36(2)(c) of the Freedom of Information Act 2000 to withhold information about email addresses directly accessed by or assigned to the Cabinet Secretary. The ICO upheld the exemption citing prejudice to the effective conduct of public affairs. This decision provides guidance on the application of this exemption in FOIA requests involving senior government officials.

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What changed

The ICO investigated a complaint requesting disclosure of Cabinet Secretary email addresses. The Cabinet Office initially withheld information citing section 40(2) (personal data) and subsequently added section 36(2)(c) (prejudice to effective conduct of public affairs). The ICO found that section 36(2)(c) was correctly applied, meaning disclosure would prejudice the effective conduct of public affairs.

Government agencies and legal professionals handling FOIA requests should note this precedent for applying section 36(2)(c) to withhold information relating to senior officials' contact details. While this decision is binding on the parties, it provides interpretive guidance on the boundaries of this exemption for future FOIA compliance decisions.

What to do next

Review section 36(2)(c) exemption application criteria for FOIA responses involving senior officials
Update FOIA exemption training materials to reflect ICO interpretation of prejudice to public affairs
Consider this precedent when withholding similar information about ministerial communications

Source document (simplified)

Cabinet Office

Date 26 March 2026
Sector Central government
Decision(s) FOI 36: Not upheld The complainant requested disclosure of any email address directly accessed by the Cabinet Secretary or assigned to discharging the Cabinet Secretary’s duties. The Cabinet Office withheld the information, citing section 40(2) (personal data) and, during the ICO’s investigation, also section 36(2)(c) (prejudice to the effective conduct of public affairs) of the Freedom of Information Act 2000 (FOIA).The Commissioner’s decision is that the Cabinet Office correctly relied on section 36(2)(c) to withhold the requested information.