ICO Decision on Ministry of Defence FOI Complaint
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.
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
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.