Annex C: Legitimate interests assessment
Published 8 October 2024
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This publication is available at https://www.gov.uk/government/publications/foi2024-00379-sarah-munbys-attendance-at-the-franco-british-colloque/annex-c-legitimate-interests-assessment
Legitimate interest test
Is the requestor, or the third-party seeking access to the information, pursuing a legitimate interest?
The test under section 40 of the FOIA is to consider disclosure “otherwise than under” FOIA. Therefore, the department must consider the legitimate interest in disclosing the requested information and what purpose this serves.
Yes, we have inferred that the requestor does have a legitimate interest in requesting the disclosure of the information as there is an interest in knowing the events which Sarah Munby attends and the purpose for her attendance. Disclosure of this information would support transparency and openness, which together safeguard the democratic process.
Necessity test
Is disclosure necessary to meet those interests?
Necessary means more than desirable but less than indispensable. It involves considering alternative measures which can meet the relevant legitimate interests and therefore make disclosure of the requested information unnecessary. The department is required to consider whether disclosing the information under FOIA or the EIR the least intrusive means of achieving the legitimate interests identified.
Yes, disclosing the list of participants would be necessary to achieve the purposes and the legitimate interests as set out above.
Balancing test
Do the legitimate interests outweigh the interests and rights of the individual?
The balancing test involves considering whether the legitimate interests served by the disclosure outweigh “the interests or fundamental rights and freedoms of the data subject which require the protection of personal data”. The balancing test helps the department to decide if the disclosure would have an excessive or disproportionate adverse effect on the legitimate interests and rights of the individual concerned.
The Franco-British Colloque is an invitation only, private event and so we believe that participants would have a reasonable expectation of privacy and for their attendance to be held in confidence.
Sarah Munby’s attendance was disclosed in the department’s transparency reporting which we consider to partially meet the legitimate interest in understanding the events which Sarah Munby attends. In this disclosure we have also released information about the agenda for the event which will further support the legitimate interest in understanding the purpose of Sarah Munby’s attendance at the event.
On balance, we consider that releasing the personal information of attendees, in addition to the information we have already disclosed through transparency reporting and in this disclosure, would have an excessive adverse effect on the right to privacy of the individuals concerned.