Tribunal dismisses appeal on MI5's carbon emissions disclosure

Background of the Case

The First-tier Tribunal (General Regulatory Chamber) recently dismissed an appeal by Helen Cross against the Information Commissioner's decision to uphold MI5's refusal to disclose carbon emissions data. The case, referenced as [2025] UKFTT 73 (GRC), revolved around a request for information under the Environmental Information Regulations 2004 (EIR).

Details of the Request

Helen Cross had requested MI5 to provide data on carbon emissions, specifically the amounts produced in 2021 and 2022, broken down by scope 1, 2, and 3 emissions. MI5 refused, citing Regulation 12(5)(a) of the EIR, which allows withholding information if its disclosure would adversely affect national security.

MI5's Position

MI5 argued that disclosing the emissions data could allow hostile actors to infer sensitive information about its operations. They contended that emissions data could reveal operational capabilities, such as energy consumption patterns, which could be pieced together with other information to compromise national security.

The Commissioner's Decision

The Information Commissioner supported MI5's stance, stating that the causal link between disclosure and potential harm to national security had been sufficiently demonstrated. The Commissioner emphasised the importance of protecting national security over the public interest in environmental transparency.

Appellant's Arguments

Helen Cross argued that MI5 had not shown a direct link between the disclosure and any adverse effect on national security. She highlighted the public interest in environmental accountability, especially given the global climate crisis, and noted that other government departments had released similar data without compromising security.

Tribunal's Analysis

The Tribunal conducted a full review, considering both open and closed submissions. It acknowledged the public interest in environmental transparency but placed significant weight on the need to protect national security. The Tribunal found MI5's arguments about potential risks credible, particularly the 'mosaic effect' where seemingly innocuous data could be combined with other information to reveal sensitive details.

Conclusion of the Tribunal

The Tribunal concluded that the emissions data, if disclosed, could indeed compromise MI5's operational security. It ruled that the national security exception was appropriately engaged, and the public interest in maintaining this exception outweighed the interest in disclosure.

Implications

This decision underscores the balance between transparency and security, particularly in the context of environmental information held by security services. It highlights the challenges in ensuring accountability while safeguarding national interests.

Learn More

For more information on data protection, see BeCivil's guide to English Data Protection Law.

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