Public interest

If the Authority believes that the public interest in releasing the information outweighs the public interest in maintaining and exemption, they should release the information.

What is the definition of ‘public interest’?
The Section 60 Code of Practice states that it is difficult to set out a definitive list, however, amongst the factors which may inform a decision about the public interest are:

• the general public interest that information is accessible i.e. whether disclosure would enhance scrutiny of decision-making processes and thereby improve accountability and participation;
  
  
• whether disclosure would contribute to the administration of justice and enforcement of the law including the prevention or detection of crime or the apprehension or prosecution of offenders;
  
  
• whether disclosure would affect the economic interests of the whole or part of the United Kingdom;
  
  
• whether disclosure would contribute to ensuring effective oversight of expenditure of public funds and that the public obtain value for money;
  
  
• whether disclosure keeps the public adequately informed of any danger to public health or safety, or to the environment;
  
  
• whether disclosure would impact adversely on safeguarding national security or international relations; and
  
  
• whether disclosure would contribute to ensuring that any public authority with regulatory responsibilities is adequately discharging its functions;
  
  
• whether disclosure would ensure fairness in relation to applications or complaints, reveal malpractice or enable the correction of misleading claims;
  
  
• whether disclosure would contribute to a debate on a matter of public interest;
  
  
• whether disclosure would prejudice the protection of an individual's right to privacy.

It also states that when deciding whether a disclosure is in the public interest, authorities should not take into account:

• possible embarrassment of government or other public authority officials;
  
  
• the seniority of persons involved in the subject matter;
  
  
• the risk of the applicant misinterpreting the information;
  
  
• possible loss of confidence in government or other public authority.

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