Fiona Thompson v The Information Commissioner & Anor
[2024] UKFTT 391 (GRC)
Adrian Finch v The Information Commissioner & Anor
21 October 2024
[2024] UKFTT 908 (GRC)
First-tier Tribunal
Someone asked the government for information about who advised on a tax review. The government initially said it was too expensive to find the information. After a court hearing, the government showed it would still take too long to find the information, and that releasing the information could breach confidentiality. The court agreed and sided with the government.
Key Facts
- •Appeal against Information Commissioner's decision concerning Freedom of Information Act 2000 (FOIA) request.
- •Request sought information about the process of selecting individuals to support an independent review into the remuneration loan charge.
- •Second Respondent (HM Treasury) initially claimed cost of fulfilling the request exceeded the FOIA limit (£600).
- •Tribunal initially found Section 12 FOIA (cost exceeding limit) not engaged due to lack of evidence.
- •Second Respondent subsequently provided evidence showing time required to fulfill the request exceeded 24 hours, despite having access to the repository.
- •Tribunal reconsidered Section 12 FOIA and found it applicable due to the new evidence.
- •Tribunal also considered exemptions under Sections 40(2) (personal data), 41 (breach of confidence), and 43(2) (commercial interests) of FOIA.
Legal Principles
Section 12 FOIA: A public authority is not required to comply with a request if the cost exceeds the appropriate limit (£600). The estimate must be reasonable and supported by cogent evidence.
Freedom of Information Act 2000, Sections 12(1), 12(2); Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004; Randall v Information Commissioner and Medicines and Healthcare Products Regulatory Agency (EA/2006/0004, 30 October 2007); Kirkham v Information Commissioner [2018] UKUT 126 (AAC)
Public authorities can rely on exemptions at a later stage in the process if new facts or evidence arise; Birkett v Department for Environment, Food and Rural Affairs [2011] EWCA Civ 1606; Browning v Information Commissioner [2013] UKUT 236, [60]; Information Commissioner v Malnick [2018] AACR 29, [102].
Birkett v Department for Environment, Food and Rural Affairs [2011] EWCA Civ 1606; Browning v Information Commissioner [2013] UKUT 236; Information Commissioner v Malnick [2018] AACR 29
Sections 40(2), 41, and 43 FOIA: Exemptions for personal data, breach of confidence, and prejudice to commercial interests. Requires balancing public interest in disclosure against potential harm.
Freedom of Information Act 2000, Sections 40(2), 41, 43
Outcomes
Appeal dismissed.
Tribunal found Section 12 FOIA applied because the time to process the request exceeded the cost limit. Exemptions under Sections 40(2), 41, and 43 were also considered and found applicable.