ICO Decision Notice: Ministry of Defence Nuclear Site Events Complaint
Summary
The UK's Information Commissioner's Office (ICO) has issued a decision notice regarding a complaint against the Ministry of Defence (MOD). While the MOD was found to have breached information rights regulations by failing to respond within statutory timeframes, the requested information regarding nuclear site events was ultimately exempt from disclosure.
What changed
The Information Commissioner's Office (ICO) has issued a decision notice (IC/432575/D7f7) concerning a complaint against the Secretary of State for Defence (Ministry of Defence). The complainant sought information about 'nuclear site events' at Faslane naval base. The ICO determined that while the MOD was justified in withholding the information under regulation 12(5)(a) (defence and national security), it breached regulation 5(2) by failing to respond to the request within the stipulated 20 working days and regulation 11(2) by not completing an internal review within 40 working days.
This decision highlights the importance of adhering to statutory timeframes for information requests, even when the information itself is exempt. Government agencies must ensure their internal processes are robust enough to meet these deadlines. While no penalties are explicitly detailed in this notice, failure to comply with information rights legislation can lead to further enforcement action. Regulated entities should review their procedures for handling information requests and internal reviews to ensure compliance with the EIR and GDPR time limits.
What to do next
- Review internal procedures for handling information requests to ensure compliance with statutory timeframes.
- Ensure internal review processes for information requests are completed within the mandated 40 working days.
Source document (simplified)
Secretary of State for Defence (Ministry of Defence)
- Date 26 February 2026
- Sector Central government
- Decision(s) EIR 11: Upheld, EIR 12(5)(a): Not upheld, EIR 5: Upheld The complainant submitted a request to the Ministry of Defence (MOD) seeking information about ‘nuclear site events’ which took place at Faslane naval base. The MOD withheld the requested information on the basis of regulation 12(5)(a) (defence and national security) of the EIR. The Commissioner’s decision is that the information is exempt from disclosure on the basis of regulation 12(5)(a) and the public interest favours withholding this information. However, the Commissioner has concluded that the MOD breached regulation 5(2) by failing to respond to the request within 20 working days and breached regulation 11(2) by failing to complete an internal review within 40 working days.
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