Article 39 v The Information Commissioner
[2023] UKFTT 733 (GRC)
Alexandra Fanta v Information Commissioner
31 October 2023
[2023] UKFTT 908 (GRC)
First-tier Tribunal
Someone asked the government for information about meetings with a company that fights online child abuse. The government said no because releasing the info would hurt their relationships with other countries. A judge agreed with the government.
Key Facts
- •Alexander Fanta appealed a decision by the Information Commissioner (IC) upholding the Home Office's refusal to disclose minutes and emails of meetings with Thorn, a US-based organization combating online child sexual exploitation.
- •The Home Office initially relied on FOIA sections 27(1)(b) and (c), later amending to 27(1)(a) and (b), citing prejudice to international relations.
- •The appeal concerned whether FOIA section 27(1) applied to communications with a private non-profit organization, and whether the public interest in maintaining the exemption outweighed disclosure.
- •The Tribunal reviewed the closed bundle containing withheld information and the open bundle containing the parties' submissions.
Legal Principles
General right of access to information held by public authorities, with exemptions in Part II.
Freedom of Information Act 2000 (FOIA)
Information is exempt if disclosure would prejudice UK relations with other states or international organizations.
FOIA, section 27(1)(a) and (b)
In assessing prejudice under section 27(1), a causal relationship between disclosure and prejudice must be shown; the prejudice must be 'real, actual or of substance'; and there must be a 'real and significant risk' of prejudice.
Hogan v Information Commissioner [2011] 1 Info LR 588; Department for Work and Pensions v Information Commissioner [2017] 1 WLR 1
Appropriate weight should be given to executive branch evidence on likely prejudice to international relations.
All Party Parliamentary Group on Extraordinary Rendition v IC and Ministry of Defence [2011] UKUT 153; FCO v Information Commissioner and Plowden [2013] UKUT 275
The Tribunal's role is to determine if the Commissioner's notice was in accordance with the law, and may review findings of fact.
FOIA, section 58
Outcomes
Appeal dismissed.
The Tribunal found that FOIA section 27(1)(a) and (b) applied. Disclosure would likely prejudice UK relations with states and international organizations involved in combating online child sexual exploitation due to the sensitive nature of the ongoing discussions. The public interest in maintaining the exemption outweighed the public interest in disclosure.
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