Department for Work and Pensions v The Information Commissioner & Anor
[2023] UKFTT 260 (GRC)
British Business Bank Plc v The Information Commissioner & Anor
22 July 2024
[2024] UKFTT 632 (GRC)
First-tier Tribunal
A bank appealed a decision about releasing its meeting minutes. A court ruled the bank could keep some information secret to protect employees' privacy, legal advice, and business interests. The court decided keeping some things private was more important than the public's right to know everything.
Key Facts
- •British Business Bank plc (BBB) appealed a decision notice requiring disclosure of information withheld under the Freedom of Information Act 2000 (FOIA).
- •The request was for minutes of BBB's Risk, Audit, and Board committees.
- •BBB relied on FOIA sections 40(2) (personal data), 42 (legal professional privilege), and 43(2) (commercial interests) to withhold information.
- •The appeal concerned redacted information from minutes of various meetings in 2021/22.
- •The Information Commissioner (IC) initially partially upheld BBB's claims but ordered disclosure of some information. The IC subsequently conceded all grounds of appeal.
Legal Principles
Personal Data under FOIA s.40(2) and DPA 2018 s.3
FOIA 2000, DPA 2018, Case law (Durant v FSA, Edem v Information Commissioner, R (Kelway) v The Upper Tribunal)
Legal Professional Privilege under FOIA s.42
FOIA 2000, Case law (DBERR v O’Brien, DCLG v IC and WR, Three Rivers DC v Bank of England, Balabel v Air India)
Commercial Interests under FOIA s.43(2)
FOIA 2000, ICO Guidance, APPGER case
Public Interest Balancing Test under FOIA
FOIA 2000, Case law (APPGER)
Outcomes
Appeal allowed.
The Tribunal found that BBB was entitled to withhold more information than the IC had originally allowed under sections 40(2), 42, and 43(2) of FOIA. The Tribunal considered the public interest in maintaining the exemptions outweighed the public interest in disclosure.