Yes, I think that has to be adjudicated. That's a legal question. I think any institution that withholds information has to have a reason, and the Information Commissioner will come in and ask for the rationale. It's the injury test, where if you can make a reasonable argument--I say reasonable and acceptable to a legal mind--that revealing such and such information could be injurious to the ability to conduct international affairs or international security, or whatever, then that determines whether or not there's criminality.
I'm not a lawyer, but I suspect that “wilfulness” and “gross misconduct” are terms...then you start getting into criminality as opposed to administrative inefficiencies.