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
