The Cabinet Office v The Information Commissioner & Anor

The Cabinet Office v The Information Commissioner & Anor

The Commissioner is entitled and, in these circumstances, required to access the disputed information to properly discharge his statutory duty to investigate FOIA complaints. The processing of such information is lawful and fair under data protection law, and the Information Notices were not premature. The appeals are dismissed as the Commissioner could not determine the applicability of exemptions without examining the material.

Parties
Appellant: The Cabinet Office; First Respondent: The Information Commissioner; Second Respondent: The Good Law Project
Jurisdiction
England and Wales
Judgment Date
03 December 2025
Procedural Posture
Appeal / Judgment After Full Hearing
Outcome
Appeals dismissed
Legal Topics
Freedom of Information, Ministerial Code, Personal Data Processing, Statutory Powers of Information Commissioner, Confidentiality, Public Interest Exemptions
Administrative Law Information Law Data Protection Freedom of Information Ministerial Code Personal Data Processing Statutory Powers of Information Commissioner Confidentiality +1 more

Case Brief

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Parties

The Cabinet Office

Appellant

The Information Commissioner

First Respondent

The Good Law Project

Second Respondent

Procedural Posture

Appeal / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Information Commissioner is entitled to require access to sensitive ministerial declaration information via Information Notices under Section 51 of FOIA
  2. 2 Whether such access would involve unlawful processing of personal data under UK GDPR and DPA 2018
  3. 3 Whether the Information Notices were premature or an improper exercise of discretion

Ratio Decidendi

The Commissioner is entitled and, in these circumstances, required to access the disputed information to properly discharge his statutory duty to investigate FOIA complaints. The processing of such information is lawful and fair under data protection law, and the Information Notices were not premature. The appeals are dismissed as the Commissioner could not determine the applicability of exemptions without examining the material.

Court Disposition

Appeals dismissed

Orders

  • The appeals by the Cabinet Office are dismissed.
  • The Information Notices issued by the Information Commissioner stand.