First-tier Tribunal (General Regulatory Chamber)

EA/2023/0538 - [2024] UKFTT 001054 (GRC)

Fecha: 19-Jun-2024

The Decision Notice

The Decision Notice

In the Decision Notice, the Commissioner concluded that:

the Relevant Sections were engaged in respect of the Requested Information - namely:

•

31(1)(a) (prejudice to the prevention or detection of crime);

•

31(1)(b) (prejudice to the apprehension or prosecution of offenders); and

•

31(1)(c) (prejudice to the administration of justice); and

the Public Interest Test favoured maintaining the exemptions.

10.

The Commissioner’s view, was (in essence) that there was a real and significant risk that disclosure of the Requested Information would prejudice the matters specified in the Relevant Sections. In part, this was because of concerns that:

complying with one request under FOIA can make it more difficult to refuse requests for similar information in the future; and

disclosure of information in response to similar requests regarding the SFO’s investigation costs would, over time, be likely to enable a wider picture to be built of the inner workings of the SFO’s investigations and prosecutions.

11.

The Commissioner’s view was that the lower threshold of prejudice (namely, “would be likely to”, rather than “would” prejudice the matters in the Relevant Sections) was met.

12.

The Decision Notice set out the Commissioner’s views on arguments relevant to the Public Interest Test, considering factors in favour of disclosure of the Requested Information and factors in favour of maintaining the exemptions in the Relevant Sections. The Commissioner concluded that the balance of interests fell in favour of the maintenance of the exemptions.