WIREDGOV

The Information Commissioner’s Office (ICO) has ordered the disclosure of information relating to the ratio of guards to asylum seekers on a deportation flight from Heathrow to Kabul.

The ICO’s ruling follows a freedom of information request to the Home Office for information relating to the flight which left Heathrow airport at 6.30pm on January 6 2009. The Home Office initially refused the request on the grounds that the information would prejudice the operation of immigration controls and that some of the information relating to the operator of the flight would prejudice their commercial interests.

The Commissioner has concluded that, although the Home Office dealt with the request partly in accordance with the Freedom of Information Act, they should release the requested information relating to the number of guards on the two leg flight. The Commissioner has also ruled that the authority breached the Freedom of Information Act by failing to provide the information or issue a refusal notice within 20 working days of receipt.

Deputy Commissioner Graham Smith said:

"This case highlights the need to get the balance right between public bodies being open and transparent and keeping some information secret for genuine public interest reasons.

"In our view disclosure of some information about the number of guards on board the flights would not prejudice immigration controls or commercial interests and therefore it should be released."

The Home Office has 35 calendar days from the date of the decision notice, to disclose this information, unless an appeal is served. The full decision notice can be viewed at:
http://www.ico.gov.uk/~/media/documents/decisionnotices/2010/fs_50286261.ashx

If you need more information, please contact the ICO press office on

0303 123 9070 or visit the website at: www.ico.gov.uk

The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

The ICO has specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act 2000, Environmental Information Regulations 2004 and Privacy and Electronic Communications Regulations 2003.

For more information about the Information Commissioner’s Office subscribe to our e-newsletter at www.ico.gov.uk Alternatively, you can find us on Twitter at www.twitter.com/ICOnews

The Freedom of Information Act (FOIA) provides individuals or organisations with the right to request official information held by a public authority. The Environmental Information Regulations (EIR) provide access to environmental information. The ICO’s policy on enforcing public access to official information and the powers at its disposal are set out here.