ICO Decision on Executive Office Northern Ireland Communications

ICO Decision Notices

Filed February 18th, 2026

Detected February 26th, 2026

Summary

The UK's Information Commissioner's Office (ICO) issued a decision regarding a Freedom of Information request made to the Executive Office Northern Ireland. The ICO partially upheld the Executive Office's decision to withhold certain communications, but required disclosure of other information previously withheld under specific exemptions.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice concerning a Freedom of Information request made to the Executive Office Northern Ireland. The request related to communications regarding a meeting between the First Minister and the Chair of the Executive Office Assembly Committee. The Executive Office had withheld certain information citing exemptions for ministerial communications, ministerial private offices, third-party personal data, and legal professional privilege. The ICO found that while the Executive Office was entitled to withhold information under section 42 (legal professional privilege) and partially under section 35(1)(d) (operation of Ministerial private offices), it was not entitled to withhold information under section 35(1)(b) (Ministerial communications) or another part of section 35(1)(d).

The ICO requires the Executive Office to disclose the information withheld under section 35(1)(b) and most of the information withheld under section 35(1)(d), with the exception of a handwritten note. The legal advice and personal data of individuals below Grade 5 may still be withheld. This decision mandates the disclosure of previously withheld government communications, impacting how such information is handled and potentially setting a precedent for future FOI requests within central government.

What to do next

Disclose information withheld under section 35(1)(b) to the complainant.
Disclose information withheld under section 35(1)(d), excluding the handwritten note, to the complainant.
Review internal policies regarding the application of FOI exemptions, particularly sections 35(1)(b) and 35(1)(d).

Source document (simplified)

Executive Office Northern Ireland

Date 18 February 2026
Sector Central government
Decision(s) FOI 35: Partly upheld, FOI 40: Not upheld, FOI 42: Not upheld The complainant has requested information relating to a meeting between the First Minister and the Chair of the Executive Office Assembly Committee. The Executive Office disclosed some information but withheld the remainder in reliance on the exemptions at section 35(1)(b) (Ministerial communications), section 35(1)(d) (operation of Ministerial private offices), 40(2) (third party personal data) and section 42 (legal professional privilege). The Commissioner’s decision is that the Executive Office was entitled to rely on section 42, and entitled to rely on section 35(1)(d) in respect of some information. However the Executive Office was not entitled to rely on section 35(1)(b), or on section 35(1)(d) in respect of some information. The Commissioner requires the Executive Office to disclose the information withheld under section 35(1)(b); and disclose the information withheld under section 35(1)(d) with the exception of the handwritten note. The handwritten note, the legal advice and the personal data of individuals below Grade 5 may be withheld.