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ARTICLE · 07 JUNE 2021

Freedom Of Information – Open Book

A tribunal decision has implications for whether public bodies can keep aspects of their financial activities confidential.

United KingdomFinance and Banking

A tribunal decision has implications for whether public bodies can keep aspects of their financial activities confidential.

In February, a tribunal overturned a decision made last year by the Information Commissioner's Office relating to the release of data on Thurrock Council's borrowing and investment activities. The tribunal ruled that the council could not, after all, rely on an exemption under the Freedom of Information Act to keep confidential the details of its Public Works Loan Board borrowing and capital investment in the renewable energy sector, worth around £700m.

Under the FOIA, an exemption from the requirement to release information applies if it would be likely to prejudice the commercial interests of any person (including the authority holding the information). However, it is a qualified exemption, meaning it must be balanced against the public interest test: does the public interest in disclosing the information outweigh the public interest in

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