Foreign, Commonwealth & Development Office (Central government) [2023] UKICO 215421 (24 May 2023)
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Foreign, Commonwealth & Development Office
The complainant requested from the Foreign, Commonwealth & Development Office (FCDO) information relating to staff employed by the FCDO based in the British Embassy Beijing and British Consulates General in Hong Kong, Shanghai, Wuhan and Guangzhou. The FCDO withheld information to part 1 of the request under section 24(1) (national security) of FOIA. It also refused to confirm or deny whether it holds any additional information in scope of the request and cited section 23(5) (security bodies) of FOIA. With regard to parts 2 and 3 of the request, the FCDO confirmed the information is not held. The Commissioner’s decision is the FCDO was entitled to rely on section 24(1) of FOIA to some of the withheld information, and that the public interest favours maintaining the exemption. The Commissioner also finds that the FCDO was entitled to refuse to confirm or deny whether it holds any additional information in scope of the request and correctly relied on section 23(5) of FOIA. However, the FCDO breached section 10(1) (time limits for compliance) of FOIA as it failed to provide its response to the request within 20 working days. The Commissioner does not require the FCDO to take any steps as a result of this decision.
FOI 24:
Complaint not upheld
FOI 23:
Complaint not upheld
FOI 10(1):
Complaint upheld
Decision notice: 215421
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URL: http://www.bailii.org/uk/cases/UKICO/2023/215421.html