Adnan Ali v The Information Commissioner
[2024] UKFTT 371 (GRC)
Dr Christopher Garrard v The Information Commissioner & Anor
10 July 2024
[2024] UKFTT 601 (GRC)
First-tier Tribunal
The British Museum withheld some notes about early talks with BP for a big sponsorship deal. Someone challenged this, arguing the public has a right to know. The court said some of the secret notes could harm the museum's ability to get the best deal, so they should stay secret. But other notes were ordered to be released.
Key Facts
- •Appeal against the Information Commissioner's decision regarding the British Museum's withholding of information under section 43(2) of the Freedom of Information Act 2000 (FOIA).
- •Information concerned redacted internal memoranda relating to proposed meetings between the British Museum and BP concerning sponsorship.
- •The appeal focused solely on section 43(2) FOIA (commercial interests).
- •The disputed information related to the Museum's desired outcomes, meeting agendas, and internal planning regarding BP sponsorship.
- •A new sponsorship agreement between the British Museum and BP was announced after the request, significantly increasing the sponsorship amount.
- •The Tribunal considered the timing of the meetings and the potential disclosure, the content of the withheld information, and the public interest balance.
Legal Principles
Section 43(2) FOIA: Information is exempt if disclosure would prejudice the commercial interests of any person.
Freedom of Information Act 2000
Section 43 FOIA is a qualified exemption, requiring a public interest test.
Freedom of Information Act 2000
Public interest test: Identify actual harm/prejudice from disclosure and actual benefits of disclosure; appropriately detailed identification, proof, explanation, and examination of both.
APPGER [2013] UKUT 0560 (AAC) [75]
Public interest balance assessed at the date the public authority responded to the request.
Montague v IC and DIT [2022] UKUT 104 (AAC) [47]-[90]
Tribunal's remit: To consider whether the Commissioner's decision is in accordance with the law; may receive evidence not before the Commissioner and make different findings of fact.
Section 58 FOIA
Outcomes
Appeal allowed in part.
The Tribunal found that disclosure of some of the information would likely prejudice the Museum's commercial interests, outweighing the public interest in disclosure. However, other information was ordered to be disclosed.