[2025] UKUT 105 (AAC)

The MCA in refusing this request on 25 October 2022 relied on section 40(2) of FOIA to withhold the audio recordings of the calls between the people at sea in the English Channel and HM Coastguard. As for the transcripts of such recordings, the MCA said that providing transcripts would “create a new dataset and would exceed the cost cap [under section 12 of FOIA]”.

Following an internal review, the MCA upheld its original decision in respect of the audio recording of the calls and stated that it considered that the transcripts were also personal data under section 40(2) of FOIA and so were exempt from disclosure under FOIA.