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.