Changeflow GovPing Data Protection ICO Decision Notice: Ministry of Defence FOIA B...
Routine Enforcement Amended Final

ICO Decision Notice: Ministry of Defence FOIA Breach

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Filed February 19th, 2026
Detected February 26th, 2026
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Summary

The UK's Information Commissioner's Office (ICO) has issued a decision notice finding the Ministry of Defence breached Section 10 of the Freedom of Information Act (FOIA) by failing to respond to a request within 20 working days. The Ministry of Defence is required to provide a substantive response.

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What changed

The Information Commissioner's Office (ICO) has determined that the Ministry of Defence breached Section 10 of the Freedom of Information Act (FOIA) by failing to provide a substantive response to a complainant's request for information within the statutory 20 working days. This decision notice, dated February 19, 2026, upholds the complainant's assertion of a breach.

The Ministry of Defence is now obligated to comply with its FOIA obligations by providing the requested information. While this specific decision concerns a failure to respond, it serves as a reminder to all public authorities of their duty to adhere to FOIA time limits and transparency requirements. Failure to comply with ICO decision notices can lead to further regulatory action.

What to do next

  1. Provide a substantive response to the FOIA request.

Source document (simplified)

Secretary of State for Defence (Ministry of Defence)

  • Date 19 February 2026
  • Sector Central government
  • Decision(s) FOI 10: Upheld The complainant requested information from Ministry of Defence about the classification and risk treatment of flight-simulation proposal. The Commissioner’s decision is that the public authority failed to respond to the request within 20 working days and has therefore breached section 10 of FOIA. The public authority must provide a substantive response to the request in accordance with its obligations under FOIA.

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Source

Favicon for ico.org.uk
ICO Decision Notices ico.org.uk/action-weve-taken/decision-notices
Data Protection
Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
Information Commissioner's Office
Filed
February 19th, 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 Government Transparency

Browse Categories

Federal Courts 26 State Courts 91 Securities Regulation 6 Financial Regulation 43 Consumer Protection 5 Drug Safety 45 Data Protection 21 Competition 2 Attorneys General 3 Insurance Regulation 5 Trade & Export 36 Legislation 42 Energy Regulation 13 Environment 3 Labor & Employment 2 Tax 1

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