Kennedy v Information Commissioner

Kennedy v Information Commissioner

Section 32(2) of the Freedom of Information Act 2000 provides an absolute exemption for information held only by virtue of being contained in documents placed in the custody of a person conducting an inquiry, and this exemption persists after the inquiry concludes. The term 'document' includes both hard copy and...

Source-derived case information.

Parties
Appellant: Dominic Kennedy; First Respondent: The Information Commissioner; Second Respondent: Charity Commission
Jurisdiction
England and Wales
Judgment Date
19 January 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Public Authority Exemptions, Disclosure of Information, Charity Regulation
Administrative Law Freedom of Information Statutory Interpretation Public Authority Exemptions Disclosure of Information Charity Regulation

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Parties

Dominic Kennedy

Appellant

The Information Commissioner

First Respondent

Charity Commission

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Interpretation of Section 32(2) Freedom of Information Act 2000 regarding exemption of documents held by public authorities after conclusion of statutory inquiries
  2. 2 Definition of 'document' under Section 32 of the Freedom of Information Act 2000
  3. 3 Timing of closure of statutory inquiries under Section 8 of the Charities Act 1993

Ratio Decidendi

Section 32(2) of the Freedom of Information Act 2000 provides an absolute exemption for information held only by virtue of being contained in documents placed in the custody of a person conducting an inquiry, and this exemption persists after the inquiry concludes. The term 'document' includes both hard copy and electronic records. The tribunal's findings regarding the timing of inquiry closure and the scope of the exemption were reasonable and not legally erroneous.

Court Disposition

Appeal dismissed

Orders

  • Appellant shall pay the second respondent's costs of the appeal, subject to detailed assessment if not agreed.
  • Court encourages Charity Commission to continue guidance formulation on disclosure of exempt documents.