Tribunal dismisses cabinet office appeals in information rights case

The Cabinet Office vs The Information Commissioner and The Good Law Project – [2025] UKFTT 306 (GRC) – Case Summary

In a significant ruling, the First-tier Tribunal (General Regulatory Chamber) dismissed two appeals brought by the Cabinet Office, challenging Information Notices issued by the Information Commissioner. The case, which was heard at Field House on 4 to 5 December 2024, revolved around requests for information related to the financial interests of the former Prime Minister, Mr Rishi Sunak, as disclosed under the Ministerial Code.

Background of the case

The case involved two separate appeals, EA/2024/0137 and EA/2024/0138, concerning requests for information made to the Cabinet Office. The first appeal was initiated by the Good Law Project (GLP) and related to a request for the name of a US-based investment fund managing the Prime Minister's sources of income and gains. The second appeal involved a request from a journalist at The Times for the disclosure of Mr Sunak's completed Ministerial declaration of interests form as of April 2023.

The Cabinet Office, represented by Mr T Pitt-Payne KC, argued against the release of the requested information, citing concerns of confidentiality and potential breaches of the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). The Information Commissioner, represented by Mr C Knight, and the Good Law Project, represented by Mr R Hogarth, challenged the Cabinet Office's refusal to provide the requested information.

Chronology of events

The case unfolded over several months, beginning with the First Request made by the Good Law Project on 23 March 2023, seeking the name of the US-based investment fund managing the Prime Minister's financial interests. The Cabinet Office responded to this request on 27 April 2023, which led to a request for review by the GLP on 5 May 2023. The Cabinet Office upheld its initial decision on 29 August 2023, leading to an application to the Information Commissioner on 4 October 2023.

The Second Request was made by a journalist from The Times on 24 April 2023, seeking the disclosure of Mr Sunak's full Ministerial declaration of interests. The Cabinet Office responded on 23 June 2023, and a request for review was made on 26 June 2023. The Cabinet Office's response to the review, provided on 7 November 2023, maintained the refusal to disclose the requested information, citing several exemptions under the Freedom of Information Act (FOIA).

Closed proceedings and tribunal decision

The Tribunal held a closed session to review some of the disputed information, which was not disclosed to the public or the second respondent, the Good Law Project. The Tribunal agreed to a further order under Rule 14(6) of the General Regulatory Chamber Rules to ensure confidentiality of the sensitive information involved.

In its decision, the Tribunal dismissed both appeals, ruling that the Information Commissioner was entitled to access the requested information through Information Notices issued under Section 51 of the FOIA. The Tribunal found that the Commissioner needed access to the information to determine whether the Cabinet Office had complied with the requirements of the FOIA.

Legal framework and arguments

The case primarily involved the interpretation of Section 51 of the FOIA, which allows the Information Commissioner to issue Information Notices to public authorities. The Cabinet Office argued that the Commissioner did not reasonably require the information and that disclosing it would be unfair and damaging due to its sensitive nature.

The Tribunal, however, found that the Commissioner's request for the information was justified and necessary for fulfilling the statutory duty to investigate complaints under Section 50 of the FOIA. The Tribunal also rejected the Cabinet Office's argument that the Information Notices were premature, noting that they were issued after a sustained period of negotiation between the Commissioner and the Cabinet Office.

Implications for information rights

This decision underscores the Tribunal's support for the Information Commissioner's role in ensuring public authorities comply with the FOIA. The Tribunal emphasized that the Commissioner must have access to the information in question to determine whether exemptions claimed by public authorities are justified.

The ruling also highlights the balance that must be struck between transparency and the protection of sensitive personal data. The Tribunal acknowledged the sensitive nature of the information but found that the Commissioner's access to the data was necessary and would be conducted under strict confidentiality measures.

The case is particularly relevant for legal practitioners and public authorities dealing with information rights, as it clarifies the extent of the Information Commissioner's powers under the FOIA and the circumstances under which Information Notices can be issued.

Learn More

For more information on data protection, see BeCivil's guide to English Data Protection Law.

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