ICO Decision Notice: Ministry of Defence FOIA Breach
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.
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
- Provide a substantive response to the FOIA request.
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