High Court considers whether FSA disclosures are exempt from freedom of information requests
Date | 23 February 2010 |
Published date | 23 February 2010 |
DOI | https://doi.org/10.1108/13581981011022198 |
Pages | 70-77 |
Author | Joanna Gray |
Subject Matter | Accounting & finance |
LEGAL COMMENTARY
High Court considers whether
FSA disclosures are exempt from
freedom of information requests
Joanna Gray
Newcastle University, Newcastle upon Tyne, UK
Abstract
Purpose – The purpose of this paper is to report and comment on the High Court ruling on whether
Financial Services Authority (FSA) disclosures are exempt from freedom of information requests.
Design/methodology/approach – The paper outlines the facts surrounding the cas e and
comments on the decision.
Findings – The High Court allowed the FSA’s appeal in respect of the Owen appeal and the second
part of the Lewis appeal (that the names of the seven firms investigated by the FSA as a result of the
mystery shopping should not be disclosed) but agreed with the Tribunal on the first part of
the Lewis appeal, that the names of the firms subject to the mystery shopping exercise could be
disclosed.
Originality/value – This appeal shows how two very differently motivated, yet equally
well-intentioned, regulatory regimes can come into conflict.
Keywords Legal decisions,Disclosure
Paper type Research paper
Financial Services Authority v. Information Commissioner (Queens Bench Division:
Administrative Court: Mr Justice Munby).
Facts
The background to this conjoined appeal to the High Court brought by the Financial
Services Authority (FSA) lies in decisions made by the Information Tribunal and the
Information Commissioner against the FSA ordering it to disclose certain information
pursuant to the legal framework set up by the Freedom of Information Act 2000
(FOIA). The main objective of that Act is to give the public rights to information held
by public authorities should they make a request under the Act unless there are good
reasons to keep such information confidential.
Section 1(1) of the FOIA provides:
(1) Any person making a request for information to a public authority is entitled –
(a) to be informed in writing by the public authority whether it holds information of the
description specified in the request, and
(b) if that is the case, to have that information communicated to him.
Of course, this is subject to certain exemptions set out in the rest of the scheme of the
legislation and sections 43 FOIA provides that certain information is protected from
disclosure such as trade secrets and information which, if disclosed, would prejudice
the commercial interests of any person (including the public authority holding it), while
The current issue and full text archive of this journal is available at
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JFRC
18,1
70
Journal of Financial Regulation and
Compliance
Vol. 18 No. 1, 2010
pp. 70-77
qEmerald Group Publishing Limited
1358-1988
DOI 10.1108/13581981011022198
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