Cheryl Grainger v Information Commissioner & Anor

Cheryl Grainger v Information Commissioner & Anor

It was reasonable in all the circumstances for MHRA to withhold the requested information until publication, as the public interest in proper analysis and peer-reviewed release outweighed the public interest in immediate disclosure. Section 22 FOIA exemption was properly engaged and the Commissioner's decision was correct.

Parties
Appellant: Cheryl Grainger; First Respondent: Information Commissioner; Second Respondent: Medicines and Healthcare Products Regulatory Agency
Jurisdiction
England and Wales
Judgment Date
21 March 2025
Procedural Posture
FOIA Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Freedom of Information Act 2000, Public Interest Test, Section 22 Exemption, Section 22 a Exemption, Vaccine Safety Data Disclosure
Information Rights Administrative Law Freedom of Information Act 2000 Public Interest Test Section 22 Exemption Section 22 a Exemption Vaccine Safety Data Disclosure

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Parties

Cheryl Grainger

Appellant

Information Commissioner

First Respondent

Medicines and Healthcare Products Regulatory Agency

Second Respondent

Procedural Posture

FOIA Appeal / Final Judgment

Legal Issues

  1. 1 Whether MHRA was entitled to rely on section 22 FOIA to refuse disclosure of Yellow Card Vaccine Monitor data
  2. 2 Whether the public interest in disclosure outweighed the public interest in withholding until publication
  3. 3 Whether the exemption under section 22 was properly engaged

Ratio Decidendi

It was reasonable in all the circumstances for MHRA to withhold the requested information until publication, as the public interest in proper analysis and peer-reviewed release outweighed the public interest in immediate disclosure. Section 22 FOIA exemption was properly engaged and the Commissioner's decision was correct.

Court Disposition

appeal dismissed