MO v The Information Commissioner & Anor
[2023] UKFTT 966 (GRC)
Bristol City Council v The Information Commissioner
18 October 2023
[2023] UKFTT 878 (GRC)
First-tier Tribunal
Someone asked to see the Mayor's full register of interests. The council hid some parts. A judge said the council was right to hide them because a special law lets them keep that kind of information secret to protect the Mayor.
Key Facts
- •Bristol City Council (BCC) refused a Freedom of Information request for the Mayor's full register of interests, redacting information about property and land.
- •The Information Commissioner (ICO) ordered partial disclosure, finding the withheld information was personal data but disclosure was necessary to meet a legitimate interest.
- •BCC appealed, arguing the information was exempt under section 44 FOIA due to a statutory bar under the Localism Act 2011.
- •The Mayor had declared some interests as 'sensitive' under the Localism Act, allowing the monitoring officer to exclude them from the register.
Legal Principles
Right to information under FOIA, subject to exemptions.
Freedom of Information Act 2000 (FOIA)
Absolute exemption under FOIA for information prohibited by another enactment.
Freedom of Information Act 2000 (FOIA)
Localism Act 2011 allows the monitoring officer discretion to withhold details of interests if disclosure could lead to violence or intimidation.
Localism Act 2011
When a statute grants discretion to withhold information, the Commissioner doesn't review the reasonableness of that decision.
Ofcom v Gerry Morrissey and the IC [2011] UKUT 116 AAC
Exemption under FOIA section 40(2) for personal data, subject to public interest test.
Freedom of Information Act 2000
Outcomes
Appeal allowed.
The information was exempt from disclosure under section 44 FOIA due to the Localism Act 2011 granting discretion to withhold sensitive information. The monitoring officer exercised this discretion.