Key Facts
- •Appeal against the Information Commissioner's decision under section 57 of the Freedom of Information Act 2000 (FOIA).
- •Appellant requested audio recordings and transcripts of distress calls from the English Channel.
- •Maritime and Coastguard Agency (MCA) refused the request citing various exemptions.
- •Information Commissioner decided it was not reasonably practicable for the MCA to provide transcripts, upholding the MCA's reliance on section 40(2) for withholding audio recordings and finding a breach of section 17 regarding the response.
- •Appellant argued the Commissioner misconstrued section 11 FOIA, that there was significant public interest, and that MCA's response was inconsistent with a previous request.
Legal Principles
Section 11 FOIA: Public authorities must comply with an applicant's preferred communication method (format) 'so far as reasonably practicable'.
Freedom of Information Act 2000, section 11(1)
Section 11(2) FOIA: In determining reasonable practicability, 'all the circumstances' are considered, including but not limited to cost; this includes factors beyond the individual request's cost.
Freedom of Information Act 2000, section 11(2); Independent Parliamentary Standards Authority v Information Comr. and another [2015] EWCA Civ 388
Section 12 FOIA cost limit is not a guide for determining reasonable practicability under section 11; section 12 relates to initial stages of request processing, while format preference comes later.
Case Law Interpretation
Public interest in disclosure is not a factor in assessing reasonable practicability under section 11; this assessment focuses solely on the practicalities of providing information in the requested format.
Case Law Interpretation
Previous voluntary disclosure by a public authority does not obligate future disclosures; each FOIA request is assessed on its merits.
Case Law Interpretation
Outcomes
Appeal dismissed.
The Tribunal found the Commissioner correctly applied section 11 FOIA. Providing transcripts was deemed not reasonably practicable due to their non-existence and the substantial effort required for transcription, redaction (due to section 40(2) exemption), and lack of a mechanism within FOIA to define the extent of such an undertaking. Public interest, while significant, was not a relevant factor under section 11.