Fermanagh and Omagh Council loses appeal

In a significant ruling dated 18 June 2025, the First-tier Tribunal examined the appeal by Fermanagh and Omagh District Council against the Information Commissioner’s decision regarding a request for disclosure of information related to dog breeding establishments. The case was initiated when Martina Hogg, the Second Respondent, requested specific details concerning breeding establishments licensed by the Council, including inspection reports. Initially, the Council withheld some information, claiming that section 43(2) of the Freedom of Information Act (FOIA), which pertains to commercial interests, justified their refusal to disclose.

The Tribunal’s deliberation was vital as it encompassed the essential principles of information rights and public transparency especially in the realm of regulatory oversight of dog breeders, where public interest and regulatory scrutiny converge. The ruling highlighted the need to balance the protection of commercial interests with public access to information in a sector critical for consumer protection and animal welfare.

A focal point for the Tribunal was whether the Council could cogently apply the section 43(2) exemption to withhold the requested information. The Council argued that disclosing the inspection reports could jeopardise the commercial interests of dog breeders. However, the Tribunal found the Council’s evidence to be lacking in substantiation. It observed that mere potential for prejudice does not meet the legal threshold required to invoke the section 43(2) exemption.

One essential finding of the Tribunal was that the Council's claims of possible prejudice lacked a compelling connection to the actual disclosure of inspection reports. The Council asserted that releasing this information might provoke negative public perceptions of the breeders; nevertheless, the Tribunal noted that previous disclosures had not resulted in any harm. The Council struggled to demonstrate a “more probable than not” scenario whereby adverse effects would arise from disclosure, the standard necessary for invoking this particular legal exemption.

With no evidence indicating that the release would likely harm commercial interests, the Tribunal rejected the Council's basis for refusing the disclosure. Furthermore, it determined that the inspection scores were personal data related to the licence holders and thus subject to data protection regulations, though this did not justify the Council's decision to withhold the information.

As for concerns regarding the potential infringement of data protection rights of licence holders, the Tribunal scrutinised lawful processing principles under data protection laws, notably through the lens of the Legitimate Interests Test. This test requires balancing the rights of individuals against the necessity of processing personal data for legitimate interests.

The Tribunal underscored the public interest in transparency obligations, affirming the public’s right to access information about regulatory standards in dog breeding. It highlighted that while commercial privacy must be respected, it is crucial for the Council to permit public access to information concerning compliance with statutory requirements.

Additionally, the Council's argument that releasing records could be misinterpreted by the public, potentially damaging the breeders' reputation, was deemed inadequate by the Tribunal. It concluded that all parties have a shared responsibility to encourage transparent and accurate discussion surrounding inspection results and licensing standards.

Ultimately, the Tribunal's ruling mandated that Fermanagh and Omagh District Council disclose the withheld information to Martina Hogg within a specified timeframe. This decision emphasises a broader judicial commitment to transparency in regulatory practices while reinforcing the importance of accountability in the management of public information rights. With this dismissal of the appeal, the Tribunal not only promoted equitable access to information but also reaffirmed the necessity of upholding public interest in issues related to animal welfare and consumer protection

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