Shaun Poore v Information Commissioner
[2023] UKFTT 114 (GRC)
Darbari Rachhpaul Singh Bedi v The Information Commissioner
28 November 2023
[2023] UKFTT 986 (GRC)
First-tier Tribunal
A tenant requested addresses of empty council flats to help his housing dispute. The council and the Information Commissioner said releasing the addresses would break data protection laws, as it could identify people living in the flats. The court agreed and the tenant lost his appeal, as partial information already given was deemed sufficient.
Key Facts
- •Mr. Bedi and his wife are tenants involved in disrepair proceedings against the London Borough of Hounslow.
- •Mr. Bedi made multiple FOI requests for addresses of vacant council properties near his home, relating to his housing dispute.
- •The Council partially disclosed information but withheld full addresses citing personal data protection under section 40(2) FOIA.
- •The ICO upheld the Council's refusal, and Mr. Bedi appealed to the First-tier Tribunal.
- •The appeal concerned whether the requested information constituted personal data and whether disclosure was justified.
Legal Principles
Definition of personal data under the Data Protection Act 2018 (DPA) and the GDPR (EU Regulation 2016/679).
Data Protection Act 2018, section 3(2); GDPR, recital 26
Conditions for lawful processing of personal data under Article 6 of the GDPR.
GDPR, Article 6
Freedom of Information Act 2000 (FOIA) exemption for personal data under section 40(2).
FOIA, section 40(2)
Outcomes
The appeal was dismissed.
The Tribunal found the requested information constituted personal data, and no lawful basis existed for disclosure under FOIA or the GDPR. Partial disclosure already provided sufficiently addressed Mr. Bedi's legitimate interest in his housing dispute.