Grainger v Information Commissioner & Anor [2025] UKFTT 346 (GRC) (21 March 2025)

Grainger v Information Commissioner & Anor [2025] UKFTT 346 (GRC) (21 March 2025)

The Tribunal held that section 22 FOIA was properly engaged because the MHRA held the requested information with a settled intention to publish it in the future, and it was reasonable in all the circumstances to withhold the information until publication. The public interest in proper analysis and peer-reviewed publication outweighed the public interest in immediate disclosure, given the risk of misinterpretation and public harm from premature release of partial data.

Citation
[2025] UKFTT 346 (GRC)
Parties
Appellant: Cheryl Grainger; First Respondent: Information Commissioner; Second Respondent: Medicines and Healthcare Products Regulatory Agency
Jurisdiction
United Kingdom
Judgment Date
21 March 2025
Procedural Posture
FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Final Decision
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act 2000, Section 22 Exemption, Section 22 a Exemption, Public Interest Test, Vaccine Safety Data Disclosure
Information Law Administrative Law Freedom of Information Act 2000 Section 22 Exemption Section 22 a Exemption Public Interest Test Vaccine Safety Data Disclosure

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Parties

Cheryl Grainger

Appellant

Information Commissioner

First Respondent

Medicines and Healthcare Products Regulatory Agency

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Final Decision

Legal Issues

  1. 1 Whether MHRA was entitled to rely on section 22 FOIA to refuse disclosure of Yellow Card Vaccination Monitor data
  2. 2 Whether the public interest in disclosure outweighed the public interest in withholding until publication

Ratio Decidendi

The Tribunal held that section 22 FOIA was properly engaged because the MHRA held the requested information with a settled intention to publish it in the future, and it was reasonable in all the circumstances to withhold the information until publication. The public interest in proper analysis and peer-reviewed publication outweighed the public interest in immediate disclosure, given the risk of misinterpretation and public harm from premature release of partial data.

Court Disposition

Appeal dismissed