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26 March 2009 / Dr Russell Richardson
Issue: 7362 / Categories: Features , Public
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Freedom of information: Public interest boundaries

Dr Russell Richardson considers when knowledge is in the public interest

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The Court of Appeal last month has upheld part of an appeal by Ofcom of the Information Tribunal's (IT) decision that it should disclose the national database of information on 2G/3G mobile masts it holds (see Office of Communications v Information Commissioner [2009] EWCA Civ 90, [2009] All ER (D) 212 (Feb)).

In doing so, the court overturned previous wisdom by deciding that, when considering the public interest under the Environmental Information Regulations 2004 (SI 2004/3391) (the regulations), the IT should consider the public interest exercise by aggregating the public interest considerations for each exception, rather than considering them singularly.

Unlawful use

The Court of Appeal also confirmed that when considering the public interest, in dismissing part of Ofcom's appeal, the IT could take into account that the information was to be used for a “beneficial” purpose even where such use would be unlawful. Although the consideration of this unlawful use is based on the facts of the case, and the appeal court

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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