The public interest test
Those areas of the exemption which are qualified are subject to the public interest test which is set out in section 2 of the Act. The Act does not define the public interest but it has been described as “something which is of serious concern and benefit to the public”. It has also been held that public interest does not mean what is of interest to the public but what is in the interest of the public. What constitutes the public interest may change over time and according to the circumstances of each case. Because of this, authorities will need to make any judgements on a case by case basis in the light of emerging guidance or best practice. When applying this exemption, public authorities must consider whether, in all the circumstances of the case, the public interest in withholding the information is outweighed by the public interest in disclosing the information. If the two are evenly balanced, the presumption should always be in favour of disclosure.
This list is not exhaustive but contains some of the factors which public authorities should take into account when applying the public interest test:
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the general public interest that information is accessible i.e. whether disclosure would enhance scrutiny of decision-making processes and thereby improve accountability and participation;
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whether disclosure would contribute to the administration of justice and enforcement of the law including the prevention or detection of crime or the apprehension or prosecution of offenders;
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whether disclosure would affect the economic interests of the whole or part of the United Kingdom;
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whether disclosure would contribute to ensuring effective oversight of expenditure of public funds and that the public obtain value for money;
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whether disclosure keeps the public adequately informed of any danger to public health or safety, or to the environment;
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whether disclosure would impact adversely on safeguarding national security or international relations; and
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whether disclosure would contribute to ensuring that any public authority with regulatory responsibilities is adequately discharging its functions.
In deciding whether a disclosure is in the public interest, authorities should not take into account:
possible embarrassment of government or other public authority officials;
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the seniority of persons involved in the subject matter;
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the risk of the applicant misinterpreting the information.
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possible loss of confidence in government or other public authority.