His Majesty’s Treasury v The Information Commissioner & Anor
[2024] UKFTT 902 (GRC)
The Department of Health and Social Care v The Information Commissioner & Anor
28 March 2024
[2024] UKFTT 261 (GRC)
First-tier Tribunal
Someone asked the government for emails about infected blood compensation. The government said no, citing privacy and policy reasons. A judge mostly sided with the requester, saying the public's right to know outweighed the government's reasons for secrecy, especially considering the serious nature of the issue.
Key Facts
- •Appeal against the Information Commissioner's decision notice (DN) concerning a FOIA request by Jason Evans from the Department of Health and Social Care (DHSC).
- •Request involved emails related to Infected Blood Interim Compensation Payments.
- •DHSC refused disclosure citing various FOIA exemptions.
- •Commissioner decided DHSC could rely on ss.35, 40(2), and 42 FOIA, ordering partial disclosure.
- •DHSC appealed, arguing the Commissioner erred in applying the exemptions and in his public interest balancing exercise.
- •The appeal concerned the interpretation and application of sections 28, 35, 36, and 40(2) of the FOIA 2000.
Legal Principles
General right of access to information held by public authorities (FOIA s.1(1))
Freedom of Information Act 2000
Effect of exemptions (FOIA s.2)
Freedom of Information Act 2000
Relations within the United Kingdom (FOIA s.28)
Freedom of Information Act 2000
Formulation of government policy (FOIA s.35)
Freedom of Information Act 2000
Prejudice to effective conduct of public affairs (FOIA s.36)
Freedom of Information Act 2000
Appeal against notices and determination of appeals (FOIA ss.57-58)
Freedom of Information Act 2000
Public interest balancing test: Weighing public interest in maintaining the exemption against the public interest in disclosure.
Freedom of Information Act 2000, implied
Outcomes
Appeal dismissed (save in part).
The Tribunal found the Commissioner's decision was not wrong in law, except for a minor point regarding some withheld material. The Tribunal agreed with the Commissioner's public interest balancing exercise in most aspects, finding the public interest in disclosure outweighed the interest in maintaining the exemptions in s.35 and s.36 for most of the withheld information.
Similar Cases
Liam O’Hanlon & Anor v The Information Commissioner & Anor
[2024] UKFTT 1061 (GRC)
Ecotricity Group Limited v The Information Commissioner & Anor
[2024] UKFTT 643 (GRC)
Department of Work and Pensions v The Information Commissioner
[2024] UKFTT 334 (GRC)
Andrew Challinor v The Information Commissioner
[2024] UKFTT 328 (GRC)