How the public interest test is applied

How the public interest test is applied

The inherent public interest test in the duty of confidence is the reverse of that normally applied under the FOIA. This is because the FOIA public interest test for qualified exemptions assumes that information should be disclosed unless the public interest in maintaining the exemption outweighs the public interest in disclosure.

However, the public interest test within the duty of confidence assumes that information should be withheld unless the public interest in disclosure outweighs the public interest in maintaining the duty of confidence.

In my post below it is reported that the Guardian sought information from the government using the Freedom Of Information Act. The Guardian lost that battle and in the related content the Guardian is miffed at the decision to refuse disclosure. In my view, the Guardian is right to be miffed.

As you can see from the public interest test above, the public interest is set against the public interest and the public interest loses. Given that a public authority is hiding behind this and designed this smokescreen, it is not in the public interest for the public authority to use the public against itself whilst hiding behind this pathetic defence. The public authority should be accountable to the public, however, the public authority is claiming it is not in the public interest for the public authority to be exposed. I beg to differ.

Public confidence in the system is being manipulated by deception. The government keeps telling us if we have nothing to hide we have nothing to fear. By the same token, if the government has nothing to fear why is it intent on hiding information? And more to the point, why is it doing so in the public's name?

The issue here is public authority interest v public interest and not competing public interests as claimed by the public authority.