Rune Dybedal v The Information Commissioner & Anor
[2024] UKFTT 878 (GRC)
Owain Afron Jones v The Information Commissioner
19 June 2023
[2023] UKFTT 511 (GRC)
First-tier Tribunal
Someone asked for police legal advice about giving crack pipes to drug users to reduce harm. The police said it was private (lawyer-client privilege). The judge agreed because keeping legal advice secret helps the police do their job better, even though there's public interest in knowing this information.
Key Facts
- •Appeal against the Information Commissioner's decision upholding South Wales Police's refusal to disclose legal advice on supplying crack pipes to drug users under the Freedom of Information Act 2000 (FOIA).
- •The legal advice was claimed to be exempt under section 42 FOIA (legal professional privilege, LPP).
- •Appellant argued the public interest in disclosure (regarding public health and police accountability) outweighed the public interest in maintaining LPP.
- •The appeal was determined without a hearing.
Legal Principles
General right of access to information held by public authorities under FOIA, subject to exemptions.
Freedom of Information Act 2000
Legal professional privilege (LPP) exemption under FOIA, encompassing legal advice privilege and litigation privilege.
Freedom of Information Act 2000, section 42; Three Rivers District Council v Governor and Company of the Bank of England (no 6) [2004] UKHL 48; Civil Aviation Authority v R Jet2.com Ltd [2020] EWCA Civ 35
Public interest test for LPP exemption: public interest in maintaining the exemption must outweigh the public interest in disclosure.
Freedom of Information Act 2000, section 2(2)
Inherent weight given to LPP; strong public interest in maintaining confidentiality of legal advice to enable frank communication and effective legal assistance.
DBERR v O’Brien and IC [2009] EWHC 164 (QB); Callender Smith v Information Commissioner & Crown Prosecution Service [2022] UKUT 60 (AAC)
Weight of LPP can vary depending on factors such as age of information and ongoing relevance.
DCLG v Information Commissioner & WR [2012] UKUT 103 (AAC)
Outcomes
Appeal dismissed.
The Tribunal found that while there were public interests in disclosure (transparency, accountability, public health), these did not outweigh the strong inbuilt public interest in maintaining LPP, particularly in the context of legal advice given to the police on a current issue. The withheld information did not reveal any concerns about the advice itself.