Dr Christopher Garrard v The Information Commissioner & Anor

Dr Christopher Garrard v The Information Commissioner & Anor

Disclosure of certain internal memoranda relating to early-stage sponsorship negotiations between the British Museum and BP would likely prejudice the Museum's commercial interests by revealing its negotiating position, internal strategy, and priorities to BP and competitors, and by undermining trust with BP and other sponsors. The public interest in maintaining the exemption outweighs the limited public interest in disclosure, given the preliminary nature of the information and the opportunity for later scrutiny. Section 43(2) FOIA is engaged for some, but not all, of the withheld information. Where section 43(2) is not engaged, the information must be disclosed, subject to redaction of...

Parties
Appellant: Dr Christopher Garrard; First Respondent: The Information Commissioner; Second Respondent: The British Museum
Jurisdiction
England and Wales
Judgment Date
07 October 2024
Procedural Posture
FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Information Rights
Outcome
Appeal allowed in part
Legal Topics
Section 43(2) FOIA (commercial Interests), Section 40(2) FOIA (personal Data), Public Interest Test, Disclosure of Sponsorship Negotiations, Prejudice to Commercial Interests
Freedom of Information Administrative Law Section 43(2) FOIA (commercial Interests) Section 40(2) FOIA (personal Data) Public Interest Test Disclosure of Sponsorship Negotiations Prejudice to Commercial Interests

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Parties

Dr Christopher Garrard

Appellant

The Information Commissioner

First Respondent

The British Museum

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Information Rights

Legal Issues

  1. 1 Whether disclosure of internal memoranda relating to British Museum-BP sponsorship negotiations would likely prejudice the Museum's commercial interests under section 43(2) FOIA
  2. 2 Whether the public interest in disclosure outweighs the public interest in maintaining the exemption

Ratio Decidendi

Disclosure of certain internal memoranda relating to early-stage sponsorship negotiations between the British Museum and BP would likely prejudice the Museum's commercial interests by revealing its negotiating position, internal strategy, and priorities to BP and competitors, and by undermining trust with BP and other sponsors. The public interest in maintaining the exemption outweighs the limited public interest in disclosure, given the preliminary nature of the information and the opportunity for later scrutiny. Section 43(2) FOIA is engaged for some, but not all, of the withheld information. Where section 43(2) is not engaged, the information must be disclosed, subject to redaction of...

Court Disposition

Appeal allowed in part

Orders

  • The British Museum must disclose the information identified in part B of the closed Annex within 42 days, subject to redaction of personal data of less senior employees.
  • The Museum was entitled to withhold information identified in part A of the closed Annex under section 43(2) FOIA.