ICO upholds FCDO's refusal to confirm Guantanamo Bay information

ICO Decision Notices

Filed March 11th, 2026

Detected March 17th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has upheld the Foreign, Commonwealth and Development Office's (FCDO) refusal to confirm or deny the existence of information related to Guantanamo Bay. The decision allows the FCDO to rely on specific exemptions under the Freedom of Information Act.

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What changed

The Information Commissioner's Office (ICO) has issued a decision upholding the Foreign, Commonwealth and Development Office's (FCDO) refusal to confirm or deny the existence of requested information concerning Guantanamo Bay. The FCDO cited exemptions under sections 23(5), 24(2), and 27(4) of the Freedom of Information Act (FOIA). The Commissioner agreed that section 27(4) of FOIA justified the FCDO's stance.

This decision means the FCDO is not required to disclose whether it holds the specific correspondence and internal documents requested by the complainant. No further steps are mandated by the ICO as a result of this decision. This case highlights the application of national security and international relations exemptions in FOIA requests concerning sensitive foreign policy matters.

Source document (simplified)

Foreign, Commonwealth and Development Office FCDO (previously FCO)

Date 11 March 2026
Sector Central government
Decision(s) FOI 27: Not upheld The complainant has requested information regarding correspondence and internal documents about Guantanamo Bay. The Foreign, Commonwealth and Development Office (FCDO) refused to confirm or deny whether it held the requested information the basis of sections 23(5), 24(2) and 27(4). The Commissioner’s decision is that the FCDO is entitled to rely on section 27(4) of FOIA to refuse to confirm or deny whether it held the requested information. The Commissioner does not require FCDO to take any steps as a result of this decision.