Malnick: section 36 reasonableness and the functus ICO – Panopticon

Posted March 8th, 2018 in appeals, freedom of information, news, tribunals by tracey

‘The Upper Tribunal’s most recent judgment – IC v Malnick and ACOBA (GIA/447/2017) – is a rare thing these days: a binding decision that makes a meaningful and general (rather than fact-specific) contribution to FOIA jurisprudence. In particular, it tells us (1) how to assess the reasonableness of a qualified person’s opinion for section 36 FOIA purposes, and (2) whether the FTT can remit a case to the ICO for a fresh decision if it allows an appeal.’

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Panopticon, 5th March 2018