Alison Berridge represents requester in key freedom of information case on national security exemptions
The First Tier Tribunal has ruled that the ICO’s guidance, permitting public bodies to cite the two national security exemptions “in the alternative”, is incorrect as a matter of law. The Tribunal considered that the requirement to “specify” the exemption relied on meant that the public body could not cite an alternative exemption for purely tactical reasons, knowing that it did not apply, in order to mask the actual reasons for its decision.
Alison Berridge appeared for one of the three appellants.
The decision is available here.