Daniel Edwards v The Information Commissioner
The Tribunal found that section 35(1)(a) FOIA was engaged as the requested information related to the formulation or development of government policy and that the policy was live at the time of the request. The public interest in maintaining the exemption outweighed the public interest in disclosure, particularly due to the timing and sensitivity of the information.
- Parties
- Appellant: Daniel Edwards; Respondent: The Information Commissioner
- Jurisdiction
- England and Wales
- Judgment Date
- 07 January 2024
- Procedural Posture
- Information Rights Appeal / Appeal Determination
- Outcome
- Appeal dismissed
- Legal Topics
- Section 35(1)(a) FOIA Exemption, Public Interest Test, Disclosure of Government Policy Information
Case Brief
Summary, issues, holding and outcome
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Parties
Daniel Edwards
Appellant
The Information Commissioner
Respondent
Procedural Posture
Information Rights Appeal / Appeal Determination
Legal Issues
- 1 Whether section 35(1)(a) FOIA exemption applies to the requested information
- 2 Whether the public interest in maintaining the exemption outweighs the public interest in disclosure
- 3 Whether the policy in question was 'live' at the time of the request
Ratio Decidendi
The Tribunal found that section 35(1)(a) FOIA was engaged as the requested information related to the formulation or development of government policy and that the policy was live at the time of the request. The public interest in maintaining the exemption outweighed the public interest in disclosure, particularly due to the timing and sensitivity of the information.
Court Disposition
Appeal dismissed
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