MOD documents found at bus stop (June 2021)

Ceri Gibbons made this Freedom of Information request to Ministry of Defence

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Ministry of Defence.

Dear Ministry of Defence,

In June 2021 BBC News reported that nearly 50 pages of MOD documents had been found in " a soggy heap behind a bus stop in Kent" by a member of the public.

Source: https://www.bbc.co.uk/news/uk-57624942

The BBC has published images of some of the documents . The BBC also described them as having different levels of classification from Official Sensitive to Secret UK Eyes Only.

Please provide a a copies of all the documents found behind the bus stop in Kent.

I am not seeking personal information.

Yours faithfully,

Ceri Gibbons

Information Systems and Services Secretariat,

Dear Ceri Gibbons,

Your request has been logged under our reference FOI2021/07166 and the
target date for response is 4 August 2021.

Yours sincerely,

Defence Digital Secretariat

SPO DSR-Secretariat Office (MULTIUSER), Ministry of Defence

1 Attachment

Dear Ceri Gibbons,

 

Good Afternoon.  Please see attached Letter in response to your FOIA
Request logged under MOD Reference FOI2021/07166.

 

Yours sincerely,

 

Directorate of Security & Resilience

 

 

From:  [1][email address]

To:  [2][FOI #770728 email]

Sent:  05-JUL-2021 14:39:18

 

Dear Ceri Gibbons,

 

Your request has been logged under our reference FOI2021/07166 and the
target date for response is 4 August 2021.

 

 

Yours sincerely,

 

Defence Digital Secretariat

 

 

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Dear Ministry of Defence,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Ministry of Defence's handling of my FOI request 'MOD documents found at bus stop (June 2021)'.

I am not satisfied that exemptions under sections 24 and 26 have been properly applied in this case.

The public interest in disclosure of these documents clearly outweighs the public interest in continued secrecy for the following reasons.

1. The BBC reports " most of the papers are marked "official sensitive", a relatively low level of classification."

2. The BBC is an important global media outlet funded by the British state and not known for being particularly critical in its coverage of British defence policy in recent years. Yet the BBC on this unusual occasion reported that the MOD documents contained premeditated plans to provoke likely military responses from Russian forces in the Black Sea. The planned operation that was carried out by HMS Defender then provoked such a response.

3. The MOD misreported the actual events of the operation on the day it occurred, presenting the confrontation as unprovoked Russian aggression where it was clearly a planned MOD test of Russian defences signed off by the highest levels of the British government.

4. The BBC reported warning shots were fired by Russian forces, yet the MOD denied any warning shots were fired in its own reports. The situation was deliberately allowed to escalate risking a possible military confrontation between Britain and Russia.

5. The BBC reports confirmed the MOD first planned a provocative operation with alternative routes with various levels of risk . It then risked a more dangerous confrontation with Russian forces and falsely reported the events to the British public as Russian aggression carried out against a peaceful British ship.

6. The public interest in disclosure of the plans of the HMS Defender's operation are greater than their continued low level classification as the documents would shed light on the MOD media and information operations deployed in this operation against the British public that appear to have contained false information.
This was only uncovered because of the fact a BBC journalist was on board the HMS Defender and the classified planning documents were found at a bus stop. Without both these apparently accidental events the MOD may have continued to misreport the false sequence of events to the British public and provided a pretext for a more serious confrontation with far graver implications.

7. Disclosure of the documents may shed light on the extent to which the apparent MOD disinformation was planned in advance of the HMS Defender operation and was intended to target the British public. The use of information operations targeting false information at British civilian audiences is not in expressly ruled out in MOD Media Operations policy.

8. The MOD have till now withheld parts of its Targeting Policy (JSP900) that explains policy on targeting Information Operations. The MOD documents seen by the BBC may shed light on the issue as to whether an MOD policy has been approved that allows targeting of the British public with false information in order to maintain consent of military actions. If such a policy has been approved on this single occassion, or is an ongoing general policy, the public interest in the disclosure of any related documents that may shed light on this issue are of utmost importance to civilian democratic oversight of British military policy.

Yours faithfully,

Ceri Gibbons

CIO-FOI-IR (MULTIUSER), Ministry of Defence

Dear Mr Gibbons,

 

We acknowledge receipt of your email, which asked for an internal review
of the handling of your request under the FOI Act, our reference
FOI2021/07166. 

 

The Department's target for completing internal reviews is 20 working days
from date of receipt and we therefore aim to complete the review and
respond to you by 23 August 2021. While we are working hard to achieve
this, in the interests of providing you with a realistic indication of
when you should expect a response, the majority are currently taking
between 20 and 40 working days to complete.  The review will involve an
independent assessment of the handling of this request and the outcome.

 

Yours sincerely,

 

MOD Information Rights Compliance Team

 

Dear CIO-FOI-IR (MULTIUSER),

Please provide an update on the progress of this internal review

Yours sincerely,

Ceri Gibbons

CIO-FOI-IR (MULTIUSER), Ministry of Defence

Dear Mr Gibbons,

Thank you for your email of 26 September.

The material in scope of your request is classified, and can only be reviewed by suitably qualified and experienced staff. The restrictions on access to the office during the ongoing COVID-19 pandemic has had an impact on our ability to review the material, causing a delay in the processing of your request. While we have not yet completed our review, we can advise that work is progressing and that we are hopeful that our investigation will be concluded by 26 October 2021, which represents a further 20 working days.

We thank you for your patience and apologise for any inconvenience caused.

Kind regards,

MOD Information Rights Compliance Team

Dear CIO-FOI-IR (MULTIUSER),

2021/07166

Please provide an update on the progress of this FOIA case.

Yours sincerely,

Ceri Gibbons

Dear CIO-FOI-IR (MULTIUSER),

Please provide an update on the progress of this internal review.

Yours sincerely,

Ceri Gibbons

CIO-FOI-IR (MULTIUSER), Ministry of Defence

Dear Mr Gibbons,

Thank you for your email of 17 November 2021.

With regret that we are still not in a position to provide you with a final substantive response to your request for internal review. As explained, the restrictions on access to the office during the ongoing COVID-19 pandemic impacted on our ability to review the classified material, causing a delay in the processing of your request.

While we have not yet completed our review, we can advise you that the material has now been accessed and a formal reassessment of the exemptions that were applied is underway. It is estimated that our investigation will be completed by 15 December 2021, which represents a further 10 working days.

We thank you for your continued patience and apologise for any inconvenience caused by the delay.

Kind regards,

MOD Information Rights Compliance Team

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CIO-FOI-IR (MULTIUSER), Ministry of Defence

1 Attachment

Dear Mr Gibbons,

 

Please find attached a response to your request for internal review.

 

Yours sincerely,

 

MOD Information Rights Compliance Team

Ceri Gibbons left an annotation ()

This case was referred to the ICO for investigation on 09/03/2022

Ceri Gibbons left an annotation ()

On 13/2/2023 the Commissioner issued a decision notice upholding the MOD's exemption from disclosure of the documents in this case under s26 of FOIA.

...

Reference: IC-159919-X2G3

Freedom of Information Act 2000 (FOIA)

Decision notice

Date: 13 February 2023
Public Authority: Ministry of Defence
Address: Main Building
Whitehall
London
SW1A 2HB
Complainant: Mr Ceri Gibbons

Decision (including any steps ordered)
1. The complainant has requested copies of sensitive documents that were
left at a bus stop. The above public authority (“the public authority”)
relied variously on sections 24 (national security), 26 (defence), 27
(international relations), 40 (third party personal data), 42 (legal
professional privilege) and 43 (commercial interests) of FOIA to withhold
the information.
2. The Commissioner’s decision is that all the requested information
engages section 26 and the balance of the public interest favours
maintaining the exemption.
3. The Commissioner does not require further steps.