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John Evans v The Information Commissioner & Anor

25 April 2024
[2024] UKFTT 332 (GRC)
First-tier Tribunal
Someone asked the FCA for information about a complaint against a bank. The FCA said no because it was confidential information. A judge agreed, saying the FCA followed the rules correctly.

Key Facts

  • •Mr. John Evans requested information from the FCA regarding their investigation of a complaint he made against a bank.
  • •The FCA refused the request under FOIA s44, citing a prohibition on disclosing confidential information under the Financial Services and Markets Act 2000 (FSMA) s348.
  • •The Information Commissioner upheld the FCA's refusal.
  • •Mr. Evans appealed to the First-tier Tribunal (General Regulatory Chamber).

Legal Principles

Freedom of Information Act 2000 (FOIA) s1: Right to be informed whether information is held and to have it communicated.

FOIA s1

FOIA s44: Absolute exemption for information prohibited from disclosure by or under any enactment.

FOIA s44

FOIA s57: Right of appeal against Information Commissioner's decision.

FOIA s57

FOIA s58: Tribunal's powers to allow or dismiss appeals; review of facts.

FOIA s58

FSMA 2000 s348: Prohibition on disclosure of confidential information without consent.

FSMA 2000 s348

Interpretation Act 1978 Sch 1: Presumption that 'person' includes bodies corporate.

Interpretation Act 1978 Sch 1

In cases involving absolute exemptions under FOIA, the Tribunal's role is limited to verifying the response's factual basis and legal understanding.

Ofcom v Morrissey & Information Commissioner [2011] UKUT 116 (AAC)

Outcomes

Appeal dismissed.

The Tribunal found Mr. Evans's arguments to be without merit. The FCA correctly applied FOIA s44 based on the confidentiality provisions of FSMA 2000 s348. The Commissioner's decision was legally sound.

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