Chapter 02: What constitutes information of the type covered by this exemption?
2.1 The object of this exemption is to prevent prejudice
being caused to any of the matters mentioned in section 26 (1) by disclosure
of information, where in all the circumstances of the case that would be
contrary to the public interest. This exemption turns not on the description
of particular information, but on the effects of disclosure. Any list of
examples of the kinds of information, the disclosure of which may be prejudicial,
can only ever be illustrative and by no means exhaustive. In every case,
it is a question of assessing the risk of prejudice to the matters in section
26(1) that disclosure may cause, regardless of the content of the information,
the kind of document in which the information is contained or its source.
2.2 Having said that, the majority of information,
disclosure of which has a potential to cause prejudice within the terms
of this exemption, is likely to be easily identifiable. Only a limited number
of departments and agencies will regularly hold defence information. Examples
could include disclosure of information relating to:
defence policy and strategy, military planning and defence intelligence;
the size, shape, organisation, logistics, order of battle, state
of readiness and training of the armed forces of the Crown;
the actual or prospective deployment of those forces in the UK
or overseas, including their operational orders, tactics and rules
of engagement;
the weapons, stores, transport or other equipment of those forces
and the invention, development, production, technical specification
and performance of such equipment and research relating to it;
plans and measures for the maintenance of essential supplies and
services that are or would be needed in time of conflict;
plans for future military capabilities;
plans or options for the defence or reinforcement of a colony
or another country;
analysis of the capability, state of readiness, performance of
individual or combined units, their equipment or support structures;
and
arrangements for co-operation, collaboration, consultation or
integration with the armed forces of other countries, whether on a
bilateral basis or as part of a defence alliance or other international
force.
This is a list of examples. It is not exhaustive. Nor is it suggested that
information on one of the topics listed above will necessarily be exempt.
The question will turn on the effect of disclosure.
