MO v Information Commissioner [2023] UKFTT 966 (GRC) (14 November 2023)

MO v Information Commissioner [2023] UKFTT 966 (GRC) (14 November 2023)

Disclosure of the report would constitute a breach of confidence under section 41 FOIA, as the report was provided in confidence, disclosure would likely cause detriment to Bristol Fawcett members, and the public interest in maintaining confidence outweighs the public interest in disclosure.

Citation
[2023] UKFTT 966 (GRC)
Parties
Appellant: MO; First Respondent: The Information Commissioner; Second Respondent: Bristol City Council
Jurisdiction
United Kingdom
Judgment Date
14 November 2023
Procedural Posture
Appeal Under Section 57 FOIA / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Confidentiality, Public Interest, Sex Event Venue Licensing
Information Rights Administrative Law Freedom of Information Confidentiality Public Interest Sex Event Venue Licensing

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Parties

MO

Appellant

The Information Commissioner

First Respondent

Bristol City Council

Second Respondent

Procedural Posture

Appeal Under Section 57 FOIA / Final Judgment

Legal Issues

  1. 1 Whether Bristol City Council was entitled to rely on section 41 FOIA to withhold information
  2. 2 Whether disclosure would constitute a breach of confidence
  3. 3 Whether public interest in disclosure outweighs public interest in maintaining confidence

Ratio Decidendi

Disclosure of the report would constitute a breach of confidence under section 41 FOIA, as the report was provided in confidence, disclosure would likely cause detriment to Bristol Fawcett members, and the public interest in maintaining confidence outweighs the public interest in disclosure.

Court Disposition

Appeal dismissed