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United Kingdom · Geography does not establish applicable law.
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Ministry of Defence – Dismissed (United Kingdom, 2019)

Dismissed
Information Commissioner's Office1 November 2019United Kingdom
final
Dismissed

Privacy enforcement record

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The UK Information Commissioner's Office dismissed a complaint against the Ministry of Defence for not disclosing a fax cover sheet. The ICO decided that sharing the redacted information would harm the rights of the individuals involved. This ruling highlights the importance of protecting personal information even in public records.

What happened

The Ministry of Defence withheld a fax cover sheet related to a claim for payment after a death in service.

Who was affected

The complainant, who sought access to the document, was affected as it involved personal information about their son.

What the authority found

The ICO ruled that disclosing the redacted information would violate GDPR principles by causing unjustified harm to the individuals involved.

Why this matters

This case shows that public authorities must carefully consider privacy rights when handling information requests. It serves as a reminder for organizations to protect personal data in their records.

Recorded legal citations
Automatically processed
Art. 4(1) GDPR
Art. 5(1)(a) GDPR
Art. 6(1)(f) GDPR
View original scraped data
Art. 4(1) GDPR
Art. 5(1)(a) GDPR
Art. 6(1)(f) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Section 3(2) DPA
Section 40(2) FOIA

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Secondary-source text retrieved.

Automated check recorded — 19 March 2026.

Processing notes: articles corrected, national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The complainant submitted a request to the Ministry of Defence (MOD) under the UK Freedom of Information Act (FOIA) seeking access to a fax cover sheet sent to the Veterans Welfare Service regarding a claim for payment following the death in service of the complainant’s son. The MOD provided the complainant with a redacted version of the document in question, but sought to withhold the redacted information on the basis of section 40(2) of FOIA, which The complainant challenged the decision before the ICO, in the ICO's capacity under the Freedom of Information Act. Is the information personal data within the meaning of Article 4(1) GDPR? Does a disclosure of personal data under the FOIA fall under Article 6(1)(f) GDPR? The ICO first held, that "the two main elements of personal data are that the information must relate to a living person and that the person must be identifiable." On the "legitimate interest" the ICO applied a three-part test: *Legitimate interest test: Whether a legitimate interest is being pursued in the request for information; *Necessity test: Whether disclosure of the information is necessary to meet the legitimate interest in question; *Balancing test: Whether the above interests override the legitimate interest(s) or fundamental rights and freedoms of the data subject. While balancing legitimate interest in disclosure against data subject’s interest and fundamental rights and freedoms, the Commissioner considered that the public authority would have infringed Articles 5(1)(a) and 6(1)(f) of the GDPR in disclosing this information. It found that the disclosure was not necessary to pursue a legitimate interest and it would have caused unjustified harm to the data subjects. Overall, the interests and rights of the data subjects were likely to override legitimate interest in disclosure. Therefore, the ICO decided that the redacted information is exempt from disclosure on the basis of section 40(2) of FOIA.

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for Ministry of Defence in UK

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

1 November 2019

Authority

Information Commissioner's Office

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Ministry of Defence - United Kingdom (2019). Retrieved from cookiefines.eu

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