Information Commissioner upholds complaints about the Treasury and the OGC related to Identity cards

These two ICO decisions are perhaps the most important the Information Commissioner has issued so far and on a issue that has large public awareness and interest and the ability to impact people's lives. It is information I know many blog readers have been interested in. The delays in the decisions reaching the public domain (the requests were made in 2005) have diminished the information slightly as the ID cards Bill has now passed through Parliament, but the the information still has signifiance as many believe it may be a policy that can be overturned (especially once Tony Blair leaves office). There are more related requests and appeals about the issue in the system still: the Home Office has received requests as well, I know that some people have requested the Governments review of whether ID cards are compatible with the Human Rights Act.

The next question is whether the Treasury and OGC decide to appeal and the case goes to the Information Tribunal (this will of course delay things further).

Also interestingly the complainant for the HM Treasury case was an MP who had first asked for the Information via a Parliamentary question. This links well with the research project I am currently working on MPs usage of the FOIA. Some interim research was published on the blog a few months ago. This case is a good example of an MP using the Act as an follow on from PQs to persue information that is not released to them under a PQ.

I do also wonder whether the DCA will revise their guidance on requests for Gateway reviews in light of this decision. Whilst each request is is taken in its own context, the public interest balance weigned by the ICO in this case does set an important precedent and can this blanket "working assumption" advice for departments hold firm on this issue?

See the Spy UK blog has been actively seeking information using FOIA on the topic.

Case Ref: FS50083104
Date: 31/07/06.
Public Authority: HM Treasury
Summary: The complainant made a request to know the traffic light status awarded to Gateway Reviews of the Identity cards programme which had been carried out by the Office of Government Commerce, an independent office of the Treasury. The information was refused on the grounds that it related to the formulation and development of government policy (section 35) and that disclosure would prejudice the exercise of the OGC's audit functions (section 33). The Commissioner's decision is that the public interest lies in the release of the information and that its release will not prejudice the exercise of the OGC's audit functions.
Section of Act/EIR & Finding: FOI s.33 - Complaint Upheld; s.35 - Complaint Upheld.
Full Transcript of Decision Notice FS50083104

Case Ref: FS50070196
Date: 31/07/06
Public Authority: Office of Government Commerce (OGC)
Summary: The complainant made a request for information about Gateway Reviews of the identity cards programme which had been carried out by the OGC, who refused to provide the information on the grounds that it related to the formulation and development of government policy (section 35) and that disclosure would prejudice the exercise of its audit functions (sections 33). The Commissioner's decision is that the public interest lies in the release of the information and that its release will not prejudice the exercise of its audit functions.
Section of Act/EIR & Finding: FOI s.33 - Complaint Upheld; s.35 - Complaint Upheld
Full Transcript of Decision Notice FS50070196