Global Freedom of Expression

Department of Health v. Information Commissioner and Rt Hon John Healey MP and Nicholas Cecil

The U.K. First-Tier Tribunal of the General Regulatory Chamber for Information Rights held that a Transitional Risk Register (“TRR”), relating to sweeping changes to the country’s National Health System (“NHS”), should be disclosed under The Freedom of Information Act (“FOIA”) but that a Strategic Risk Register, relating to the changes, was exempt from disclosure. The court found that a public authority must release risk registers evaluating health policy if the request is made when policy consultation and formulation has been largely completed, but not during a period of consultation and when the register includes more sensitive policy information. In the present case, the Court ruled in favor of the public interest in transparency because at the time of the TRR request, the Report largely covered operational and implementation risks being faced by the Department of Health (“DOH”), rather than direct policy considerations. On the other hand, the Court found that the public interest in the Government having safe space to formulate policy took precedence at the time of the SRR request because the request was made at a time when the government was engaged in ongoing policy deliberations.

Eon v. France

Though the judgment of the majority in the present matter does expand expression on merits, the extent to which it does so could have been enlarged had the reasons offered by Judge Power-Forde’s in her partly Dissenting Opinion – on the applicant’s entitlement to more than a mere moral victory due to the anxiety suffered by him on being convicted for exercising his freedom of expression and on the need for the affirmation of the principles established in Colombani and Others v. France [ECHR] (2002) 51279/99 – formed part of the reasoning and decision put forth by the majority.