Changeflow GovPing Data Protection ICO Decision on Ministry of Defence FOI Complaint
Routine Enforcement Amended Final

ICO Decision on Ministry of Defence FOI Complaint

Favicon for ico.org.uk ICO Decision Notices
Filed February 11th, 2026
Detected February 17th, 2026
Email

Summary

The UK's Information Commissioner's Office (ICO) issued a decision regarding a Freedom of Information (FOI) complaint against the Ministry of Defence (MOD). The ICO found that the MOD was justified in withholding information related to Porton Down range usage under FOIA section 26(1)(b) (defence), as the public interest favoured maintaining the exemption.

What changed

The Information Commissioner's Office (ICO) has ruled on a Freedom of Information (FOI) complaint against the Ministry of Defence (MOD) concerning information about the Porton Down range. The ICO determined that the MOD was justified in withholding the requested information under section 26(1)(b) of the FOIA, citing defence interests, and concluded that the public interest favoured maintaining this exemption. The decision means the specific information sought by the complainant will not be disclosed.

This decision has implications for government agencies handling FOI requests, particularly those involving national security or defence exemptions. While this specific case did not result in a penalty, it reinforces the ICO's stance on upholding exemptions where the public interest is deemed to favour non-disclosure. Regulated entities should ensure their FOI response processes are robust and clearly articulate the grounds for exemption and the public interest test when withholding information.

Source document (simplified)

Secretary of State for Defence (Ministry of Defence)

  • Date 11 February 2026
  • Sector Central government
  • Decision(s) FOI 26: Not upheld The complainant submitted a request to the Ministry of Defence (MOD) seeking information on the usage of Defence Science and Technology Laboratory Porton Down range. The MOD withheld the requested information on the basis of sections 24(1) (national security), 26(1)(b) (defence), 31(1)(a) (law enforcement) and 38(1) (health and safety) of FOIA. The Commissioner’s decision is that the requested information is exempt from disclosure on the basis of section 26(1)(b) of FOIA and that the public interest favours maintaining the exemption.

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
Information Commissioner's Office
Filed
February 11th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Minor

Who this affects

Applies to
Government agencies
Geographic scope
National (UK)

Taxonomy

Primary area
Data Privacy
Operational domain
Legal
Topics
Freedom of Information National Security

Get Data Protection alerts

Weekly digest. AI-summarized, no noise.

Free. Unsubscribe anytime.

Get alerts for this source

We'll email you when ICO Decision Notices publishes new changes.

Free. Unsubscribe anytime.