ICO seeks permission to appeal to House of Lords

March 26th, 2009 by Akhlaq Choudhury

In Ofcom v Information Commissioner [2009] EWCA Civ 90, the Court of Appeal held that in applying the public interest test under the Environmental Information Regulations it is necessary to aggregate all public interest factors relating to all applicable exceptions and weigh these against the public interest in disclosure. This is a departure from the well-established approach of looking only at the public interest factors  in respect of a particular exception to determine whether the public interest in maintaining that exception outweighs the public interest in disclosure. This change in approach will affect disclosure decisions under both the EIR and FOIA.  The ICO has lodged a petition seeking permission to appeal to the House of Lords.

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