[2024] UKUT 195 (AAC)

Regarding s41 and the public interest defence to actionable breach of confidence, the grounds said that the “minor” detriment to GLA (as found in the FTT decision reasons) could not sustain such a defence, on a proper application of the law as set out at [25].

Regarding s43 and the test in Hogan and Oxford CC v Information Commissioner (see [27]), it is said that “nothing identified in the [FTT] decision is substantial or likely to occur”. It is also said that the FTT decision reasons do not apply what was said in APPGER v Information Commissioner (cited at [28]) about the public interest balancing test requiring “an appropriately detailed identification, proof, explanation and examination”” of both harm/prejudice and benefits of the proposed disclosure.