Francis Manuel Kwofie v The Information Commissioner & Anor
[2024] UKFTT 756 (GRC)
Ciaran McClean v The Information Commissioner
15 March 2024
[2024] UKFTT 219 (GRC)
First-tier Tribunal
Someone requested information about police dealings with a gold mining company. The police and the Information Commissioner said releasing the information would help criminals. A court agreed, saying the risk to public safety was too high, even though there's public interest in knowing how police resources are used.
Key Facts
- •Ciaran McClean appealed the Information Commissioner's decision to uphold the Police Service of Northern Ireland's (PSNI) refusal to disclose information about meetings and communications concerning Galantas Goldmining Company.
- •The PSNI refused the request under section 31(1)(a) FOIA (law enforcement) and section 40(2) FOIA (personal data).
- •The request covered the period 1 January 2014 to 1 October 2021 and included notes of all meetings and electronic/written communication between specified individuals and entities.
- •The Information Commissioner and the PSNI argued that disclosure would prejudice the prevention and detection of crime, particularly given the high threat level of terrorism in Northern Ireland.
- •The appellant argued the information was linked to public policy regarding policing services for the mining company and that some information was already publicly available.
Legal Principles
Freedom of Information Act 2000 (FOIA) – Section 1(1)(b): Right to access information unless exempt.
FOIA
FOIA – Section 31(1)(a): Information exempt if disclosure would prejudice the prevention or detection of crime.
FOIA
FOIA – Section 58: Tribunal's role in appeals is to consider if the Commissioner's decision was in accordance with the law.
FOIA
Hogan v Information Commissioner [2011] 1 Info LR 588 and Department for Work and Pensions v Information Commissioner [2017] 1 WLR 1: Three-stage test for prejudice-based exemptions (identifying interests, considering nature and likelihood of prejudice).
Case Law
Outcomes
Appeal dismissed.
The Tribunal found that disclosure of some information would prejudice crime prevention, and for some, there was a real and significant risk of prejudice. The public interest in maintaining the exemption outweighed the public interest in disclosure due to the serious nature of the potential prejudice in the context of Northern Ireland's security situation.
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