Owain Afron Jones v The Information Commissioner
[2023] UKFTT 511 (GRC)
Rune Dybedal v The Information Commissioner & Anor
30 September 2024
[2024] UKFTT 878 (GRC)
First-tier Tribunal
Someone asked the police for legal advice they received. The police and a judge said that keeping the advice secret is more important than letting the person see it, because everyone needs to be able to talk to their lawyers privately.
Key Facts
- •Rune Dybedal requested legal advice from Northumbria Police relating to a dismissed criminal fraud case, citing the Freedom of Information Act 2000 (FOIA).
- •Northumbria Police refused the request, relying on section 42(1) FOIA (legal professional privilege).
- •The Information Commissioner upheld Northumbria Police's decision, but found a breach of sections 10(1) and 17(1) FOIA regarding notification.
- •Dybedal appealed to the First-tier Tribunal (FTT), arguing the public interest in disclosure outweighs the need for legal professional privilege.
Legal Principles
Legal Professional Privilege (LPP) protects confidential communications between lawyer and client for the purpose of seeking or giving legal advice.
Freedom of Information Act 2000, section 42(1)
Section 42 FOIA is a qualified exemption, subject to a public interest test: Does the public interest in maintaining the exemption outweigh the public interest in disclosing the information?
Freedom of Information Act 2000, section 2(2)(b)
In applying the public interest test for LPP, significant weight is given to the inherent public interest in maintaining the privilege, even without specific demonstrable prejudice from disclosure.
Various case laws cited, including *DBERR v O’Brien v IC*, *DCLG v Information Commissioner & WR*, *Bellamy v Information Commissioner*
Outcomes
The appeal was dismissed.
The Tribunal found that the public interest in maintaining legal professional privilege outweighs the public interest in disclosure. The inherent weight given to LPP, coupled with the lack of compelling countervailing public interest arguments, led to this decision.
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