Mark Watts v The Information Commissioner & Anor
[2024] UKFTT 647 (GRC)
Keeley-Jasmine Cavendish v The Information Commissioner & Anor
5 March 2024
[2024] UKFTT 171 (GRC)
First-tier Tribunal
Someone requested information about meetings between the EHRC and groups with opposing views on transgender rights. The EHRC withheld details of a planned lawsuit, saying it was confidential. A court agreed, saying keeping the information secret was more important than releasing it.
Key Facts
- •Keeley-Jasmine Cavendish requested information from the Equality and Human Rights Commission (EHRC) under the Freedom of Information Act 2000 (FOIA) regarding meetings with certain organizations.
- •The EHRC disclosed some information but redacted details of a potential legal case discussed in a meeting with Sex Matters, citing s41 FOIA (information provided in confidence).
- •The Information Commissioner upheld the EHRC's refusal to disclose the redacted information.
- •Cavendish appealed to the First-tier Tribunal (General Regulatory Chamber), arguing that the withheld information was in the public interest.
- •The Tribunal considered whether the EHRC would have a defence to a breach of confidence claim if it disclosed the information.
Legal Principles
Section 41 FOIA: Information provided in confidence is exempt if obtained from another person and disclosure would constitute an actionable breach of confidence.
Freedom of Information Act 2000
Three elements for breach of confidence: (1) information has the necessary quality of confidence; (2) imparted in circumstances importing an obligation of confidence; (3) unauthorised use to the detriment of the party communicating it.
Coco v A N Clark (Engineers) Ltd [1969] RPC 41
Public interest defence available to a breach of confidence claim; public interest in disclosure must outweigh public interest in maintaining confidentiality.
Attorney-General v Guardian Newspapers Ltd (No 2) [1990] 1 AC 109
Section 31 FOIA: Information is exempt if disclosure would prejudice the administration of justice or the exercise of a public authority's functions.
Freedom of Information Act 2000
Section 58 FOIA: Appeals to the First-tier Tribunal involve a full merits consideration of whether the public authority's response is in accordance with Part 1 of FOIA.
Freedom of Information Act 2000
Outcomes
Appeal dismissed.
The Tribunal found the withheld information was confidential and exempt under s41 FOIA because disclosure would likely result in an actionable breach of confidence. The public interest in maintaining confidentiality outweighed the public interest in disclosure. Additionally, the Tribunal found that s31 FOIA was engaged as disclosure would prejudice the administration of justice and the EHRC's functions. The public interest in maintaining these exemptions outweighed the public interest in disclosure.