Stephen John Gullick v The Information Commissioner
[2023] UKFTT 985 (GRC)
David Walford v The Information Commissioner & Anor
31 October 2024
[2024] UKFTT 980 (GRC)
First-tier Tribunal
Someone complained to the PHSO about a parking ticket. They asked for the PHSO's legal advice on the case. The PHSO and the Information Commissioner refused to give it up, citing privacy and legal privilege. A court agreed, saying the public interest in keeping the advice secret was stronger than releasing it.
Key Facts
- •Mr. Walford requested information from the PHSO under the DPA, relating to legal advice received regarding his complaint about a parking penalty.
- •PHSO initially responded under the DPA, then under the FOIA, citing legal professional privilege (LPP).
- •The Information Commissioner upheld PHSO's refusal to disclose, citing the absolute exemption under section 40(1) FOIA (personal data).
- •Mr. Walford appealed, arguing the LPP did not apply and that there was a public interest in disclosure.
- •The Tribunal considered both section 40(1) FOIA and section 42 FOIA (LPP), ultimately dismissing the appeal.
Legal Principles
Right of access to information held by public authorities under FOIA.
Freedom of Information Act 2000 (FOIA)
Effect of exemptions in Part II of FOIA, including the public interest test.
Freedom of Information Act 2000 (FOIA)
Absolute exemption for personal data under FOIA.
Freedom of Information Act 2000 (FOIA)
Exemption for legally privileged information under FOIA.
Freedom of Information Act 2000 (FOIA)
Definition of personal data under the DPA.
Data Protection Act 2018 (DPA)
Tribunal's role in determining appeals against the Commissioner's decision notices under FOIA.
Freedom of Information Act 2000 (FOIA)
Outcomes
Appeal dismissed.
The Tribunal found that the withheld information either constituted personal data (absolutely exempt under s.40(1) FOIA) or was covered by legal professional privilege (exempt under s.42 FOIA, with the public interest in maintaining the exemption outweighing disclosure).