Stephen Campbell v The Information Commissioner & Anor

Stephen Campbell v The Information Commissioner & Anor

Section 12 FOIA was not engaged because the cost estimate provided by HM Treasury was not reasonable, was not supported by cogent evidence, and failed to consider alternative sources and methods of retrieval. The cost of IT contractor time should have been calculated at £25 per hour, and there was no evidence that the work would exceed 24 hours. The provision of PDF files did not satisfy the request for the original Word file, but the entitlement is to the information contained in the file, not the file itself.

Parties
Appellant: Stephen Campbell; First Respondent: The Information Commissioner; Second Respondent: His Majesty’s Treasury
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Information Rights Appeal / Appeal From Decision Notice
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Cost Limit Exemption, Disclosure of Information, Public Authority Duties
Information Law Administrative Law Freedom of Information Cost Limit Exemption Disclosure of Information Public Authority Duties

Case Brief

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Parties

Stephen Campbell

Appellant

The Information Commissioner

First Respondent

His Majesty’s Treasury

Second Respondent

Procedural Posture

Information Rights Appeal / Appeal From Decision Notice

Legal Issues

  1. 1 Whether HM Treasury was entitled to rely on section 12 of the Freedom of Information Act 2000 to refuse the request on cost grounds
  2. 2 Whether the provision of PDF files satisfied the request for the original electronic Word file
  3. 3 Whether the cost estimate provided by HM Treasury was reasonable and supported by evidence

Ratio Decidendi

Section 12 FOIA was not engaged because the cost estimate provided by HM Treasury was not reasonable, was not supported by cogent evidence, and failed to consider alternative sources and methods of retrieval. The cost of IT contractor time should have been calculated at £25 per hour, and there was no evidence that the work would exceed 24 hours. The provision of PDF files did not satisfy the request for the original Word file, but the entitlement is to the information contained in the file, not the file itself.

Court Disposition

Appeal allowed

Orders

  • Within 35 days, His Majesty’s Treasury must issue a fresh response to the request that does not rely on section 12 FOIA and communicates all the data contained in the requested file subject to any further exemption(s).