Fermanagh and Omagh District Council v The Information Commissioner & Anor

Fermanagh and Omagh District Council v The Information Commissioner & Anor

The Tribunal found that section 43(2) was not engaged because there was insufficient evidence that disclosure of the inspection reports would, or would be likely to, prejudice the commercial interests of the licence holders. Section 40(2) was not engaged because, although the inspection scores were personal data, the legitimate interests of transparency and consumer choice outweighed any expectation of privacy, and disclosure was necessary and proportionate. Section 38(1) was not relied on and not engaged.

Parties
Appellant: Fermanagh and Omagh District Council; First Respondent: The Information Commissioner; Second Respondent: Martina Hogg
Jurisdiction
England and Wales
Judgment Date
18 June 2025
Procedural Posture
FOIA Appeal / First Tier Tribunal Decision
Outcome
appeal dismissed
Legal Topics
FOIA Exemptions, Personal Data, Legitimate Interests Test, Public Interest Test, Commercial Interests, Health and Safety
Information Rights Data Protection Administrative Law FOIA Exemptions Personal Data Legitimate Interests Test Public Interest Test Commercial Interests +1 more

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Parties

Fermanagh and Omagh District Council

Appellant

The Information Commissioner

First Respondent

Martina Hogg

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether section 43(2) FOIA (commercial interests) exempts disclosure of inspection reports
  2. 2 Whether section 40(2) FOIA (personal data) exempts disclosure of inspection scores
  3. 3 Whether section 38(1) FOIA (health and safety) applies

Ratio Decidendi

The Tribunal found that section 43(2) was not engaged because there was insufficient evidence that disclosure of the inspection reports would, or would be likely to, prejudice the commercial interests of the licence holders. Section 40(2) was not engaged because, although the inspection scores were personal data, the legitimate interests of transparency and consumer choice outweighed any expectation of privacy, and disclosure was necessary and proportionate. Section 38(1) was not relied on and not engaged.

Court Disposition

appeal dismissed

Orders

  • Fermanagh and Omagh District Council must disclose the previously withheld inspection reports to Martina Hogg within 35 days of the decision being sent, or within 28 days after being notified of an unsuccessful appeal application.