ICO Decision on Home Office FOI Request - EU Border Checks
Summary
The UK's Information Commissioner's Office (ICO) issued a decision regarding a Freedom of Information request made to the Home Office concerning the Entry/Exit System (EES). The ICO found that the Home Office was justified in withholding information related to potential queue lengths and delays under section 35(1)(a) of the FOI Act.
What changed
The Information Commissioner's Office (ICO) has ruled on a Freedom of Information (FOI) request directed at the Home Office concerning the introduction of the EU's Entry/Exit System (EES). The complainant sought details on potential queue lengths and delays, but the Home Office refused disclosure, citing exemptions related to international relations, government policy formulation, and commercial interests. The ICO's decision upholds the Home Office's reliance on section 35(1)(a) of the FOI Act, which pertains to the formulation of government policy, thereby permitting the withholding of the requested information.
This decision primarily impacts government agencies and legal professionals involved in FOI requests and policy formulation. While this specific case pertains to border checks, the ICO's confirmation of the applicability of section 35(1)(a) reinforces the grounds on which government departments can protect policy-related information from disclosure. No immediate compliance actions are required for regulated entities outside of government, but it serves as a precedent for how such information requests will be handled.
Source document (simplified)
Secretary of State for the Home Department (Home Office)
- Date 5 March 2026
- Sector Central government
- Decision(s) FOI 35: Not upheld The complainant has requested information on potential queue lengths and delays relating to the introduction of new EU border checks known as the Entry/Exit System (EES). The Home Office refused to disclose the information, citing the exemptions at sections 27(1)(a), (b) and (c) (International relations), 35(1)(a) (Formulation of government policy etc) and 43(2) (Commercial interests). The Commissioner’s decision is that the Home Office was entitled to rely on section 35(1)(a) to refuse to disclose the requested information.
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