Chris Cole v Information Commissioner & Anor

Chris Cole v Information Commissioner & Anor

The Tribunal found that the MOD was entitled to withhold the requested statistical information under either section 23(1) or 24(1) FOIA in the alternative, and under section 26(1)(b), due to the real and substantial risk to national security and the capability, effectiveness, and security of UK armed forces. The public interest in maintaining the exemptions outweighed the public interest in disclosure, particularly given the changing security context and the MOD's expert assessment of risk.

Parties
Appellant: Chris Cole; First Respondent: Information Commissioner; Second Respondent: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
16 December 2024
Procedural Posture
Information Rights Appeal / Final Judgment After Full Hearing
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, National Security Exemptions, Defence and Security, Public Interest Test, Closed Material Procedure
Information Law National Security Law Administrative Law Freedom of Information Act National Security Exemptions Defence and Security Public Interest Test Closed Material Procedure

Case Brief

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Parties

Chris Cole

Appellant

Information Commissioner

First Respondent

Ministry of Defence

Second Respondent

Procedural Posture

Information Rights Appeal / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Ministry of Defence was entitled to withhold statistical information about Operation Shader under sections 23(1), 24(1), and 26(1)(b) of the Freedom of Information Act 2000
  2. 2 Whether the public interest in maintaining the exemptions outweighed the public interest in disclosure

Ratio Decidendi

The Tribunal found that the MOD was entitled to withhold the requested statistical information under either section 23(1) or 24(1) FOIA in the alternative, and under section 26(1)(b), due to the real and substantial risk to national security and the capability, effectiveness, and security of UK armed forces. The public interest in maintaining the exemptions outweighed the public interest in disclosure, particularly given the changing security context and the MOD's expert assessment of risk.

Court Disposition

Appeal dismissed

Orders

  • Decision Notice IC-230725-W8D9 is upheld as being in accordance with the law.
  • A CLOSED annex and related materials are to remain undisclosed except to the Commissioner and the Ministry of Defence pursuant to Rule 14(6) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.