Dr. Saim Koksal v The Information Commissioner
[2023] UKFTT 163 (GRC)
Frans Becker v Information Commissioner
8 March 2023
[2023] UKFTT 267 (GRC)
First-tier Tribunal
Someone asked the government for secret information. The government said no because it's secret. A judge agreed and threw out the case because the law says secret information stays secret.
Key Facts
- •Frans Becker requested information from the FCDO on 05 November 2021.
- •The FCDO refused the request citing section 23 of the FOIA (security information).
- •The ICO upheld the FCDO's decision on 05 January 2023.
- •Becker appealed to the First-tier Tribunal.
- •Becker conceded that the information fell under section 23 of the FOIA but argued for discretionary disclosure.
- •The Tribunal Judge considered striking out the appeal.
Legal Principles
The Tribunal must apply the law as written.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
Section 23 of the FOIA is an absolute exemption; no public interest test applies.
Freedom of Information Act 2000
On appeal, the appellant must persuade the Tribunal the Decision Notice was wrong in law or discretion.
Freedom of Information Act 2000
Outcomes
Appeal struck out.
The appellant did not challenge the factual finding that the information was covered by Section 23 of the FOIA, and discretionary disclosure is not a matter for the Tribunal.