David Pegg v The Information Commissioner & Anor

David Pegg v The Information Commissioner & Anor

The disclosure of the requested aggregated security cost would reasonably likely increase the confidence of hostile actors, thereby increasing the risk of attacks on national security; the public interest in maintaining the exemption outweighs the public interest in disclosure.

Parties
Appellant: David Pegg; First Respondent: The Information Commissioner; Second Respondent: The Home Office
Jurisdiction
England and Wales
Judgment Date
19 November 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, National Security Exemption, Public Interest Test, Disclosure of Public Expenditure, Mosaic Effect
Information Rights Administrative Law Freedom of Information Act National Security Exemption Public Interest Test Disclosure of Public Expenditure Mosaic Effect

Case Brief

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Parties

David Pegg

Appellant

The Information Commissioner

First Respondent

The Home Office

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Home Office correctly applied the public interest test under section 24(1) FOIA
  2. 2 Whether disclosure of aggregated royal security costs would increase risk to national security
  3. 3 Whether the mosaic effect and increased confidence of hostile actors justify withholding information

Ratio Decidendi

The disclosure of the requested aggregated security cost would reasonably likely increase the confidence of hostile actors, thereby increasing the risk of attacks on national security; the public interest in maintaining the exemption outweighs the public interest in disclosure.

Court Disposition

Appeal dismissed

Orders

  • The decision to refuse disclosure of the requested information under section 24(1) FOIA is confirmed.