FCDO mining FOI cost limit defence upheld

ICO Decision Notices

Filed March 26th, 2026

Detected March 31st, 2026

Summary

The ICO issued Decision Notice IC-407227-D6N2 upholding the Foreign, Commonwealth & Development Office's refusal of mining-related Freedom of Information requests. The FCDO successfully relied on section 12(2) FOIA (cost limit) and regulation 12(4)(b) EIR (manifestly unreasonable) to refuse the requests. The complaint was not upheld.

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What changed

The ICO Commissioner ruled on complaint IC-407227-D6N2 that the FCDO properly refused two information requests about the mining industry under section 12(2) FOIA and regulation 12(4)(b) EIR. The requests were deemed to exceed the appropriate cost limit and manifestly unreasonable. The Commissioner confirmed the FCDO's reliance on these exemptions was justified and that the FCDO complied with its obligations under section 16 FOIA to provide advice and assistance to the complainant.

This is a routine decision notice resolving an individual complaint and does not establish new compliance obligations for other entities. Public authorities handling similar complex or voluminous FOI/EIR requests may reference this decision as precedent for applying cost limit and manifestly unreasonable exemptions.

Source document (simplified)

Foreign, Commonwealth and Development Office FCDO (previously FCO)

Date 26 March 2026
Sector Central government
Decision(s) EIR 12(4)(b): Not upheld, EIR 9: Not upheld, FOI 12: Not upheld, FOI 16: Not upheld The complainant submitted two requests to the Foreign, Commonwealth & Development Office (FCDO) seeking information about the mining industry. The FCDO refused the requests on the basis of section 12(2) (cost limit) of FOIA and regulation 12(4)(b) (manifestly unreasonable) of the EIR. The Commissioner’s decision is that the FCDO can rely on section 12(2) of FOIA and regulation 12(4)(b) of the EIR to refuse the requests. The FCDO also complied with its obligations under section 16 of FOIA to provide the complainant with advice and assistance.