Ed Ryland v The Information Commissioner
[2024] UKFTT 603 (GRC)
Ed Ryland v The Information Commissioner & Anor
21 May 2024
[2024] UKFTT 396 (GRC)
First-tier Tribunal
Someone asked Channel 4 for information about their internal investigations into complaints. Channel 4 said no, citing privacy concerns. The judge agreed with Channel 4, saying that keeping things confidential is important for people to feel safe reporting problems.
Key Facts
- •Ed Ryland appealed a Decision Notice (DN) issued by the Information Commissioner (Commissioner) regarding Channel Four Television Corporation's (C4) refusal of a FOIA request.
- •Ryland requested documents relating to C4's Supplier Code of Conduct, Viewer Trust policy, bullying, and 'Speak Up' process.
- •C4 withheld information citing sections 40(2), 41(1), and 40(5A) of the FOIA.
- •The Commissioner upheld C4's application of the exemptions but found procedural breaches by C4.
- •Ryland appealed, arguing the Commissioner erred in upholding C4's exemptions and dismissing his request for 'volume and nature' of the withheld information.
- •The Tribunal considered voluminous documents, including withheld information in a Closed Bundle (CB).
Legal Principles
FOIA Section 57 Appeals: The Tribunal can allow an appeal if the notice is unlawful or the Commissioner's discretion was wrongly exercised; otherwise, the appeal is dismissed.
FOIA Section 58
Tribunal's remit in complaints cases: The Tribunal can only review findings of fact and not the substance of complaints or handling of complaints.
Thompson v Information Commissioner [EA/2016/0044]
FOIA Section 1: Right of access to information held by public authorities.
FOIA Section 1(1)
FOIA Section 40: Personal Information; Section 40(1) exemption is absolute regarding personal data of applicant; Section 40(5A) allows neither confirm nor deny regarding exempt information.
FOIA Section 40(1), 40(5A), and DPA Section 3
FOIA Section 40(2): Third party personal data exemption applies if disclosure contravenes data protection principles; fairness and lawfulness under UK GDPR are key considerations.
FOIA Section 40(2), UK GDPR Article 5(1)(a), Article 6(1)
FOIA Section 41: Information provided in confidence; The three elements for breach of confidence: necessary quality of confidence, imparted with obligation of confidence, unauthorised use to detriment of communicator; public interest defense applies.
FOIA Section 41, Coco v AN Clark (Engineers) Ltd [1968]
FOIA Section 36: Prejudice to effective conduct of public affairs; a qualified person's opinion is needed; public interest balancing test applies.
FOIA Section 36
Public interest defence in breach of confidence: A broad public interest defence may apply, but must meet a pressing social need without unnecessary restriction.
London Regional Transport v The Mayor of London [2001]
Outcomes
Appeal dismissed.
The Tribunal found no error of law in the DN. They upheld C4's application of FOIA exemptions, considering the need to protect personal data and confidentiality within the Speak Up process. The Tribunal deemed C4's investigation thorough and robust.