Mark James v The Information Commissioner & Anor
[2023] UKFTT 165 (GRC)
Marco Tullio Suadoni v The Information Commissioner & Anor
23 January 2024
[2024] UKFTT 56 (GRC)
First-tier Tribunal
Someone asked for raw data on Covid vaccine side effects. The government refused, saying they'd release it later with explanations. The court agreed that withholding it initially was okay to avoid causing vaccine hesitancy, even though the government didn't fully explain its reasoning at first. The government later released the data, making the case mostly irrelevant.
Key Facts
- •Marco Tullio Suadoni requested raw data on Covid-19 vaccine adverse reactions from the MHRA.
- •MHRA refused the request under s. 22(1) of the Freedom of Information Act 2000 (FOIA).
- •The Information Commissioner upheld MHRA's refusal.
- •The requested information was subsequently published.
- •The appeal concerned whether the Information Commissioner's Decision Notice was erroneous.
Legal Principles
FOIA s.1: Right to information.
Freedom of Information Act 2000
FOIA s.2(2): Public interest balancing test. Exemption applies unless public interest in disclosure outweighs public interest in maintaining exemption.
Freedom of Information Act 2000
FOIA s.22(1): Exemption for information intended for future publication.
Freedom of Information Act 2000
FOIA s. 17: Requirement for public authority to explain public interest in maintaining exemption in its refusal notice.
Freedom of Information Act 2000
FOIA s. 58: Tribunal's powers in appeals.
Freedom of Information Act 2000
Public interest balancing test is assessed at the date of refusal: _Montague v The Information Commissioner and Department for International Trade_ [2022] UKUT 104 (AAC)
[2022] UKUT 104 (AAC)
Outcomes
Appeal dismissed.
The Tribunal found that the MHRA had a settled intention to publish the information later with contextual information, satisfying s.22(1) FOIA. While acknowledging MHRA's failure to address the public interest test in its initial response, the Tribunal agreed with the Decision Notice that the public interest favoured withholding the raw data to avoid vaccine hesitancy. The post-Decision Notice publication rendered the appeal moot concerning the specifics of the disclosure.