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Information Commissioner's Office
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FOI guidance on the public interest test updated following Supreme Court ruling
We have updated our guidance on the public interest test, which public authorities use to decide whether to withhold information under the Freedom of Information Act (FOIA) when a qualified exemption applies.
The update follows a Supreme Court ruling (DBT v ICO [2025] UKSC 27), which confirmed that where multiple qualified exemptions are engaged by the same information, the public interest factors supporting those exemptions can be considered cumulatively when weighing them against the combined public interest in favour of disclosure.
We have revised our detailed guidance to reflect the judgment and how the Public Interest Test (PIT) should be applied in these circumstances.
The updated guidance also clarifies what we expect public authorities to tell applicants in their refusal notice if the outcome of the PIT is to withhold the information, and what is expected from authorities if the ICO subsequently receives a complaint following their decision.
We have also produced a summary guide to the public interest test for those who are new to FOIA or short on time, providing a concise introduction to the key principles and considerations involved in applying the test.
"This ruling is an important clarification for public authorities, particularly those which are more likely to be considering multiple exemptions at the same time. Getting the public interest test right, and doing it at the right stage, is fundamental to good decision making under the Act.
"We've updated our guidance to help authorities apply this approach with confidence, and we've produced a summary version alongside the detailed guidance to provide a concise and accessible introduction to the topic.”
- Warren Seddon, Director of FOI and Transparency
The updated guidance and accompanying summary resource are available now on the ICO website.
Notes to editors
- For more FOIA resources, visit the ICO website.
- The ICO’s free annual virtual conference, taking place on Tuesday 13 October, includes a variety of FOI sessions. There’s still time to register.
- The Information Commissioner's Office (ICO) is the UK's independent regulator for data protection and information rights law, upholding information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
- The ICO has specific responsibilities set out in the Data Protection Act 2018 (DPA2018), the United Kingdom General Data Protection Regulation (UK GDPR), the Freedom of Information Act 2000 (FOIA), Environmental Information Regulations 2004 (EIR), Privacy and Electronic Communications Regulations 2003 (PECR) and a further five acts and regulations.
- The ICO can take action to address and change the behaviour of organisations and individuals that collect, use and keep personal information. This includes criminal prosecution, non-criminal enforcement and audit.
- To report a concern to the ICO telephone call our helpline on 0303 123 1113, or go to ico.org.uk/concerns.
Original article link: https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2026/09/foi-guidance-on-the-public-interest-test-updated-following-supreme-court-ruling/
