Winning the Public Interest Argument

The aim of this page is to help people making FOI requests to persuade FOI Officers and/or the ICO performing the Public Interest Test that the public interest lies in favour of disclosure.

This page will list examples of arguments that can be used especially focussing on ones that have already been used successfully to get information released.

Extract from the Act

FOIA requires that:

“... a public authority shall have regard to the public interest – (a) in allowing public access to information held by the authority, and (b) in the publication of reasons for decision held by the authority.”

Information Commissioner

Commissioner lists the following public interest factors that would encourage the disclosure of information but recognises that it is "not exhaustive and there may be other factors which should be taken into account depending upon the request for information"

• furthering the understanding of and participation in the public debate of issues of the day. This factor would come into play if disclosure would allow a more informed debate of issues under consideration by the Government or a local authority.
• promoting accountability and transparency by public authorities for decisions taken by them. Placing an obligation on authorities and officials to provide reasoned explanations for decisions made will improve the quality of decisions and administration.
• promoting accountability and transparency in the spending of public money. The public interest is likely to be served, for instance in the context of private sector delivery of public services, if the disclosure of information ensures greater competition and better value for money that is public. Disclosure of information as to gifts and expenses may also assure the public of the personal probity of elected leaders and officials.
• allowing individuals and companies to understand decisions made by public authorities affecting their lives and, in some cases, assisting individuals in challenging those decisions.
• bringing to light information affecting public health and public safety. The prompt disclosure of information by scientific and other experts may contribute not only to the prevention of accidents or outbreaks of disease but may also increase public confidence in official scientific advice.