Faisal A Qureshi v The Information Commissioner & Anor

Faisal A Qureshi v The Information Commissioner & Anor

Section 41(1) FOIA applies as the information was provided in confidence, the exemption is absolute, and there is no overriding public interest in disclosure; the DVLA was entitled to withhold the information.

Parties
Appellant: Faisal A Qureshi; First Respondent: The Information Commissioner; Second Respondent: The Driver and Vehicle Licensing Agency (Department for Transport)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Freedom of Information Appeal / Appeal From Decision Notice
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Confidentiality, Public Interest, Section 41 FOIA, Section 31 FOIA
Information Rights Administrative Law Freedom of Information Confidentiality Public Interest Section 41 FOIA Section 31 FOIA

Case Brief

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Parties

Faisal A Qureshi

Appellant

The Information Commissioner

First Respondent

The Driver and Vehicle Licensing Agency (Department for Transport)

Second Respondent

Procedural Posture

Freedom of Information Appeal / Appeal From Decision Notice

Legal Issues

  1. 1 Whether DVLA was entitled to rely on section 41(1) of the FOIA to withhold information
  2. 2 Whether the public interest favoured disclosure or non-disclosure of the requested information
  3. 3 Whether the DVLA and Commissioner properly applied internal review procedures

Ratio Decidendi

Section 41(1) FOIA applies as the information was provided in confidence, the exemption is absolute, and there is no overriding public interest in disclosure; the DVLA was entitled to withhold the information.

Court Disposition

Appeal dismissed