ICO updates PIT guidance after Supreme Court ruling in FOI case
Published: 16/09/2026
| ICO
The Information Commissioner's Office (ICO) has updated its guidance on the public interest test (PIT). Public authorities use the PIT to decide whether a qualified exemption applies to withhold certain information under the Freedom of Information Act 2000 (FOIA).
The revision follows a Supreme Court rulling in DBT v ICO, establishing that when multiple qualified exemptions apply to the same requested information, authorities may consider the public interest arguments favouring withholding cumulatively against the combined public interest supporting disclosure.
The amended guidance outlines how public bodies should conduct the PIT under these circumstances and clarifies requirements for refusal notices issued to applicants when information is withheld. It also outlines expectations for authorities if a decision subsequently leads to an ICO complaint.
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