Kennedy (Appellant) v The Charity Commission (Respondent)
Case ID: UKSC 2012/0122
Case summary
Issue
Whether documents held by a public authority pursuant to an inquiry are exempt from disclosure under the Freedom of Information Act 2000 (FOIA 2000) for 30 years following the end of the inquiry. If so, whether this represents an interference with the appellant's rights under Article 10(1) of the European Convention on Human Rights (ECHR).
Facts
The appellant is a journalist for the Times newspaper. He sought documents held by the Charity Commission relating to its inquiry into the 'Mariam Appeal' which was launched by Mr George Galloway in 1998 following the imposition by the United Nations of sanctions against Iraq. The Inquiry took place between June 2003 and May 2004. The appellant seeks the material on the basis of public concern to consider the way the Charity Commission conducts its inquiries and Mariam Appeal itself. The Court of Appeal held that the material in question was exempt from a request for disclosure under the FOIA 2000 as s.32 of the FOIA 2000 exempts any document placed in the custody of, or created by, a person conducting an inquiry for the purposes of the inquiry. By virtue of s.62 and 63 FOIA 2000, this exemption lasts for 30 years following the completion of the inquiry. In a separate decision the Court of Appeal further held that following the Supreme Court decision in Sugar v BBC [2012] UKSC 4, Article10(1) of the ECHR was not engaged by the appellant's request for the documents as Strasbourg jurisprudence had not developed to provide a general right to access information held by public bodies. The appellant was granted permission to appeal both decisions by the Court of Appeal.
Case ID: UKSC 2012/0122
Case summary
Issue
Whether documents held by a public authority pursuant to an inquiry are exempt from disclosure under the Freedom of Information Act 2000 (FOIA 2000) for 30 years following the end of the inquiry. If so, whether this represents an interference with the appellant's rights under Article 10(1) of the European Convention on Human Rights (ECHR).
Facts
The appellant is a journalist for the Times newspaper. He sought documents held by the Charity Commission relating to its inquiry into the 'Mariam Appeal' which was launched by Mr George Galloway in 1998 following the imposition by the United Nations of sanctions against Iraq. The Inquiry took place between June 2003 and May 2004. The appellant seeks the material on the basis of public concern to consider the way the Charity Commission conducts its inquiries and Mariam Appeal itself. The Court of Appeal held that the material in question was exempt from a request for disclosure under the FOIA 2000 as s.32 of the FOIA 2000 exempts any document placed in the custody of, or created by, a person conducting an inquiry for the purposes of the inquiry. By virtue of s.62 and 63 FOIA 2000, this exemption lasts for 30 years following the completion of the inquiry. In a separate decision the Court of Appeal further held that following the Supreme Court decision in Sugar v BBC [2012] UKSC 4, Article10(1) of the ECHR was not engaged by the appellant's request for the documents as Strasbourg jurisprudence had not developed to provide a general right to access information held by public bodies. The appellant was granted permission to appeal both decisions by the Court of Appeal.
Comment