Aggregation of public interest factors under different FOIA exemptions may be permissible (First-tier Tribunal (Information Rights)) | Practical Law

Aggregation of public interest factors under different FOIA exemptions may be permissible (First-tier Tribunal (Information Rights)) | Practical Law

On 29 January 2013, the First-tier Tribunal (Information Rights) (FTTIR) commented that it may be possible to aggregate the public interests in two different qualified Freedom of Information Act 2000 (FOIA) exemptions that were both engaged, in order to state that the overall public interest was against disclosure.

Aggregation of public interest factors under different FOIA exemptions may be permissible (First-tier Tribunal (Information Rights))

by PLC Public Sector
Published on 20 Feb 2013 • England, Wales
On 29 January 2013, the First-tier Tribunal (Information Rights) (FTTIR) commented that it may be possible to aggregate the public interests in two different qualified Freedom of Information Act 2000 (FOIA) exemptions that were both engaged, in order to state that the overall public interest was against disclosure.
The FTTIR held that a FOIA application for information about a hardship scheme for those affected by the High Speed Two (HS2) rail link engaged section 36(2)(c) of FOIA (prejudice to the effective conduct of public affairs). However, the public interest was in favour of disclosing the information. (Ian Helstrip v Information Commissioner and High Speed Two (HS2) Ltd (EA/2012/0201) (29 January 2013).)