Adnan Ali v The Information Commissioner
[2024] UKFTT 371 (GRC)
Alan David Sokal v The Information Commissioner & Anor
4 September 2024
[2024] UKFTT 795 (GRC)
First-tier Tribunal
Someone wanted the full report on a university scandal. The university said some parts were private and could hurt people if released. The judge agreed that keeping those parts secret was more important than making everything public.
Key Facts
- •Alan David Sokal appealed a decision notice (DN) issued by the Information Commissioner (IC) concerning a Freedom of Information Act 2000 (FOIA) request to the University of Essex (UoE).
- •The request sought an unredacted copy of a report (the Reindorf Report) on the cancellation of two university events.
- •UoE redacted parts of the report citing exemptions under sections 36(2)(b)(ii), 36(2)(c), 40(2), and 41(1) FOIA.
- •The appeal concerned whether the IC's decision to uphold UoE's redactions was in accordance with the law.
- •The Tribunal considered a significant amount of material, including closed documents reviewed under rule 14 of the Tribunal Procedure Rules 2009.
Legal Principles
Public interest test for qualified exemptions: The public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Section 2(2)(b) FOIA
Section 41(1) FOIA (breach of confidence): Information obtained from another person is exempt if disclosure would constitute an actionable breach of confidence. A public interest defence can override this.
Section 41(1) FOIA; Coco v A N Clark (Engineers) Ltd; Derry City Council v Information Commissioner; Evans v Information Commissioner
Section 40(2) FOIA (personal data): Information is exempt if it is personal data and disclosure would contravene data protection principles (e.g., Article 5(1)(a) and Article 6 GDPR).
Section 40(2) FOIA; Article 5(1)(a), Article 6 GDPR; Information Commissioner v Magherafelt District Council; South Lanarkshire Council v Scottish Information Commissioner; Goldsmith International Business School v Information Commissioner
Section 36(2)(b)(ii) and (c) FOIA (prejudice to public affairs): Information is exempt if disclosure would inhibit the free exchange of views or prejudice the effective conduct of public affairs. Requires a reasonable opinion from a qualified person and a public interest balancing test.
Section 36(2)(b)(ii), (c) FOIA; Information Commissioner v Malnick; Guardian Newspapers Ltd & Brooke v IC & BBC; Department for Work and Pensions v Information Commissioner; All Party Group on Extraordinary Rendition v IC; Christopher Martin Hogan and Oxford City Council v the Information Commissioner
Article 8 ECHR (right to respect for private and family life)
Article 8 ECHR
Article 10 ECHR (right to freedom of expression)
Article 10 ECHR
Article 9 GDPR (processing of special category data): Processing of special category data is prohibited unless certain conditions are met (e.g., explicit consent).
Article 9 GDPR
Outcomes
Appeal dismissed.
The Tribunal found that the IC's DN was in accordance with the law on each exemption cited by UoE. The public interest in maintaining confidentiality outweighed the public interest in disclosure.