The Information Tribunal has considered section 36(2) of the Freedom of Information Act 2000 (FOIA) so as to allow the appeals of two journalists who had requested from the BBC copies of the minutes of the BBC's board of governors' meeting on 28 January 2004, after the publication of the Hutton report into the circumstances of the death of Dr David Kelly and before the resignation of its then Director General, Greg Dyke. The Tribunal substituted new decision notices in place of the Information Commissioner's decision notices, which had recognised a right of the BBC to withhold the information on the basis of the exemption contained in section 36(2)(b)(ii) of the FOIA. The Tribunal ordered the BBC to provide a copy of the minutes of 28 January 2004 to each complainant within 28 days. The Tribunal's decision not only illuminates what happened at the BBC at the relevant time, but also contains useful interpretation of issues arising from the use of the section 36(2) exemption. It will therefore serve as a valuable precedent for future decisions by public authorities and the Commissioner.