Ciaran McClean v The Information Commissioner

Ciaran McClean v The Information Commissioner

Disclosure of the disputed information would, or would be likely to, prejudice the prevention or detection of crime due to the operational policing details it contains. The public interest in maintaining the exemption under section 31(1)(a) FOIA outweighs the public interest in disclosure, especially given the severe threat level and risk to public safety.

Parties
Appellant: Ciaran McClean; First Respondent: The Information Commissioner; Second Respondent: The Chief Constable of the Police Service of Northern Ireland
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Information Rights Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Freedom of Information, Law Enforcement Exemption, Public Interest Test, Personal Data Exemption
Information Law Administrative Law Freedom of Information Law Enforcement Exemption Public Interest Test Personal Data Exemption

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Parties

Ciaran McClean

Appellant

The Information Commissioner

First Respondent

The Chief Constable of the Police Service of Northern Ireland

Second Respondent

Procedural Posture

Information Rights Appeal / Final Judgment

Legal Issues

  1. 1 Whether section 31(1)(a) FOIA (law enforcement exemption) applies to the requested information
  2. 2 Whether the public interest in maintaining the exemption outweighs the public interest in disclosure
  3. 3 Whether section 40(2) FOIA (personal data exemption) applies

Ratio Decidendi

Disclosure of the disputed information would, or would be likely to, prejudice the prevention or detection of crime due to the operational policing details it contains. The public interest in maintaining the exemption under section 31(1)(a) FOIA outweighs the public interest in disclosure, especially given the severe threat level and risk to public safety.

Court Disposition

appeal dismissed