Stephen John Gullick v The Information Commissioner
[2023] UKFTT 985 (GRC)
Liam O’Hanlon & Anor v The Information Commissioner & Anor
28 November 2024
[2024] UKFTT 1061 (GRC)
First-tier Tribunal
Someone requested emails between the government and the Information Commissioner. The government refused to give some emails, saying it would mess up their work. The Information Commissioner said they had to give the emails. The court decided the government was right, as withholding the emails was reasonable and in the public interest.
Key Facts
- •Liam O'Hanlon and the Cabinet Office appealed a decision of the Information Commissioner regarding a Freedom of Information request.
- •The request sought information relating to correspondence between the Information Commissioner and the Cabinet Office following a letter from an MP.
- •The Cabinet Office initially disclosed some information but withheld internal email inbox addresses relying on section 36(2)(c) of the Freedom of Information Act 2000 (FOIA).
- •The Information Commissioner ordered disclosure of the withheld email addresses, finding the Qualified Person's opinion invalid due to its pre-dating the FOIA request.
- •Both appeals were determined without a hearing.
Legal Principles
Section 36(2)(c) FOIA exemption applies if, in the reasonable opinion of a qualified person, disclosure would prejudice the effective conduct of public affairs.
Freedom of Information Act 2000
For section 36 FOIA, 'reasonable' means substantively reasonable, not procedurally reasonable.
Information Commissioner v Malnick and ACOBA [2018] UKUT 72 (AAC)
A Qualified Person's opinion under section 36 can pre-date the FOIA request if the information sought falls within the described category of information covered by the opinion.
This case's Tribunal decision
The public interest balance under section 36 must be assessed at the time of the public authority's decision.
Montague v Information Commissioner and the Department of International Trade [2022] UKUT 104 (AAC)
The scope of a FOIA request is determined objectively.
Berend v Information Commissioner & London Borough of Richmond upon Thames EA/2006/0049 & 50
Outcomes
O'Hanlon's appeal dismissed.
The Tribunal found the scope of his request was limited to communications arising from the MP's letter and that the Cabinet Office's reliance on section 36 was reasonable.
Cabinet Office's appeal allowed.
The Tribunal found the Qualified Person's pre-existing opinion on withholding internal email addresses was substantively reasonable and that the public interest favored maintaining the exemption under section 36(2)(c).
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