David Tindell v The Information Commissioner & Anor

David Tindell v The Information Commissioner & Anor

The Tribunal found that section 31(1)(a) FOIA was correctly engaged as disclosure of the SBD assessment would likely prejudice the prevention of crime by revealing specific security weaknesses. The public interest in maintaining the exemption outweighed the interest in disclosure, given the risk to public safety and law enforcement.

Parties
Appellant: David Tindell; First Respondent: The Information Commissioner; Second Respondent: The Chief Constable of Sussex Police
Jurisdiction
England and Wales
Judgment Date
03 February 2026
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Law Enforcement Exemption, Public Interest Test, Prejudice Test
Information Rights Administrative Law Freedom of Information Act Law Enforcement Exemption Public Interest Test Prejudice Test

Case Brief

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Parties

David Tindell

Appellant

The Information Commissioner

First Respondent

The Chief Constable of Sussex Police

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether section 31(1)(a) FOIA exemption was correctly applied to withhold the Secured By Design assessment
  2. 2 Whether the public interest in maintaining the exemption outweighs the public interest in disclosure

Ratio Decidendi

The Tribunal found that section 31(1)(a) FOIA was correctly engaged as disclosure of the SBD assessment would likely prejudice the prevention of crime by revealing specific security weaknesses. The public interest in maintaining the exemption outweighed the interest in disclosure, given the risk to public safety and law enforcement.

Court Disposition

Appeal dismissed

Orders

  • No order for disclosure; Decision Notice of the Information Commissioner upheld