Benjamin Faife v The Information Commissioner
[2024] UKFTT 711 (GRC)
Freedom of Information Act 2000 (FOIA), Section 21: Information reasonably accessible by other means.
FOIA
Freedom of Information Act 2000 (FOIA), Section 31(1)(a): Information whose disclosure would prejudice the prevention or detection of crime.
FOIA
Public interest test: Weighing the public interest in maintaining the exemption against the public interest in disclosure.
FOIA, Section 31
Tribunal's remit under FOIA, Section 58: To determine if the Commissioner's decision was lawful or if discretion was exercised appropriately. The tribunal is not bound by the evidence before the Commissioner.
FOIA
Public authority's right to raise new exemptions even before the tribunal.
Birkett v Defra [2011] EWCA Civ 1606
Appeal dismissed.
The Tribunal found that releasing the requested lookup table would likely prejudice crime prevention and detection (Section 31(1)(a) FOIA). The public interest in preventing fraud outweighed the public interest in disclosure, despite the benefits for research and transparency.
[2024] UKFTT 711 (GRC)
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