[2025] UKUT 251 (AAC)

the public interest test which PSNI comes under a duty to apply under s.42 when considering a request for disclosure of LPP, is more accurately characterised as a weighting exercise, rather than a balancing exercise, because the “balance” is weighted in favour of non-disclosure from the outset, as the cases clearly show: the test is properly regarded and treated as requiring outweighing on the side of disclosure sufficient to displace the starting presumption in favour of the maintenance of LPP (see Pugh v Information Commissioner & anr [2007] UKIT EA_2007_0055 (17 December 2007) at [53];

this means the PSNI has to (i) first determine if it actually has the requested information, (2) then determine whether and to what extent the requested information engages s.42 of the Ac; and (3) if s.42 is engaged, undertake the public interest test;

taking this present case as if (a) the requester had requested disclosure of LPP Material; (b) that request had met with a refusal, following the PSNI’s undertaking of the public interest test, which (c) the requester accepted or, at least, did not complain about under s.50, if the IC, of his own motion, subsequently undertook a Part I Enquiry initiated by Trigger B, he would find himself limited to the provision by the PSNI only of the information which he reasonably required to complete that enquiry;