Dr Sam Raphael v Information Commissioner & Anor
[2024] UKFTT 186 (GRC)
Ceri Gibbons v The Information Commissioner & Anor
16 January 2024
[2024] UKFTT 35 (GRC)
First-tier Tribunal
Someone wanted the government to release a secret document about how the UK military targets things. The government said releasing it would be dangerous. A court agreed with the government, saying the risks of releasing the information were too high, even though there's a public interest in knowing what the government is doing.
Key Facts
- •Ceri Gibbons appealed the Information Commissioner's decision regarding the non-disclosure of redacted portions of JSP 900, the UK Defence Full Spectrum Targeting Policy.
- •The appeal concerned the exemptions under sections 23 (security bodies) and 26 (defence) of the Freedom of Information Act 2000 (FOIA).
- •Gibbons argued that the public interest favored disclosure, citing concerns about the UK's targeting policy's compliance with international and domestic law.
- •The MOD argued that disclosure would prejudice the capability, effectiveness, and security of the armed forces and international relations.
- •The Tribunal heard evidence from Gibbons, his witness (Jennifer Gibson), and an anonymous MOD witness (Witness MOD-A).
Legal Principles
Section 23 FOIA creates an absolute exemption for information supplied by or relating to security bodies.
Freedom of Information Act 2000
Section 26 FOIA provides a qualified exemption for information that would prejudice the capability, effectiveness, or security of the armed forces. A public interest balancing test applies.
Freedom of Information Act 2000
Section 27 FOIA provides a qualified exemption for information that would prejudice international relations. A public interest balancing test applies.
Freedom of Information Act 2000
In applying Section 23, the 'relates to' limb should be interpreted broadly, but not without limit; a connection must exist, and disaggregation of information should be considered.
Commissioner of Police of the Metropolis v Information Commissioner and Rosenbaum [2021] UKUT 5 (AAC)
The Tribunal may consider exemptions raised for the first time during appeal proceedings (DEFRA v IC and Birkett [2012] PTSR 1299).
DEFRA v IC and Birkett [2012] PTSR 1299
In cases involving defence or national security, significant weight should be given to the evidence of the executive branch (APPGER and Savic).
All Party Parliamentary Group on Extraordinary Rendition (APPGER) v Information Commissioner and The Ministry of Defence [2011] UKUT 153 (AAC); Savic v Information Commissioner, Attorney General’s Office and Cabinet Office [2016] UKUT 535 (AAC)
Outcomes
Appeal dismissed.
The Tribunal found that the withheld information was properly exempt under sections 23 and 26 FOIA. The public interest in maintaining the exemptions outweighed the public interest in disclosure, due to the potential harm to national security and the lives of armed forces personnel.