Jagdish Chand v The Information Commissioner & Anor
[2023] UKFTT 692 (GRC)
Charlotte Pearl v The Information Commissioner
5 January 2024
[2023] UKFTT 1077 (GRC)
First-tier Tribunal
Someone asked the police for information about a secret operation. The police refused, saying it would harm their investigations. The Information Commissioner and a court agreed with the police, because keeping the operation secret is more important than releasing the information.
Key Facts
- •Charlotte Pearl (Appellant) requested information from Wiltshire Police about an operation related to policing hunting and hunt protest activity.
- •Wiltshire Police neither confirmed nor denied holding the requested information, citing exemptions under sections 30(3) and 31(3) of the Freedom of Information Act 2000 (FOIA).
- •The Information Commissioner (Respondent) upheld Wiltshire Police's decision.
- •The Appellant appealed to the First-Tier Tribunal (General Regulatory Chamber) Information Rights Tribunal.
Legal Principles
Sections 30(3) and 31(3) of the FOIA allow public authorities to neither confirm nor deny the existence of information if disclosure would prejudice investigations or law enforcement.
Freedom of Information Act 2000
The public interest test must be applied when considering whether to withhold information under FOIA exemptions.
Freedom of Information Act 2000
Outcomes
The appeal was dismissed.
The Tribunal found no error of law in the Commissioner's decision. The Tribunal agreed with the Commissioner and Wiltshire Police that the public interest in protecting ongoing investigations outweighed the public interest in disclosure. The Tribunal highlighted the police force's expertise in assessing the risks to investigations and the potential harm that could result from confirming or denying the existence of information.