FT/EA/2024/0427 - [2025] UKFTT 01126 (GRC)

The Upper Tribunal gives guidance as to how the public interest balancing exercise required by section 2(2)(b) of FOIA should be carried out in All Party Group on Extraordinary Rendition v The Information Commissioner and Foreign and Commonwealth Office [2013] UKUT 560 (AAC) at paragraphs 75 and 76:

“….when assessing competing public interests….the correct approach is to identify the actual harm or prejudice that the proposed disclosure would (or would be likely to or may) cause and the actual benefits its disclosure would (or would be likely to or may) confer or promote….Such an approach requires an appropriately detailed identification, proof, explanation and examination of both (a) the harm or prejudice and (b) benefits that the proposed disclosure of the material in respect of which the….exemption is claimed would (or would be likely to or may) cause or promote".