Thomas White v The Information Commissioner

Thomas White v The Information Commissioner

The requested information was not environmental information within the meaning of the EIR because it did not have the necessary substantive link to the state of the elements of the environment or environmental factors. The Cabinet Office was entitled to rely on section 12 FOIA to refuse the request as the estimated cost of compliance exceeded the statutory limit. The appellant cannot dictate the legal regime for his request, and the Cabinet Office was obliged to respond under FOIA.

Parties
Appellant: Thomas White; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Information Rights Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Freedom of Information Act 2000, Environmental Information Regulations 2004, Aarhus Convention, Costs Limit Under FOIA, Definition of Environmental Information
Information Law Environmental Law Administrative Law Freedom of Information Act 2000 Environmental Information Regulations 2004 Aarhus Convention Costs Limit Under FOIA Definition of Environmental Information

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Parties

Thomas White

Appellant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Final Judgment

Legal Issues

  1. 1 Whether the requested information is environmental information under the EIR
  2. 2 Whether the Cabinet Office was entitled to rely on section 12 FOIA to refuse the request
  3. 3 Whether the appellant can determine the legal regime for his request

Ratio Decidendi

The requested information was not environmental information within the meaning of the EIR because it did not have the necessary substantive link to the state of the elements of the environment or environmental factors. The Cabinet Office was entitled to rely on section 12 FOIA to refuse the request as the estimated cost of compliance exceeded the statutory limit. The appellant cannot dictate the legal regime for his request, and the Cabinet Office was obliged to respond under FOIA.

Court Disposition

appeal dismissed