Stephen John Gullick v The Information Commissioner
[2023] UKFTT 985 (GRC)
Jon Austin v The Information Commissioner
13 October 2023
[2023] UKFTT 846 (GRC)
First-tier Tribunal
Someone asked the government for information about a person involved in a protest. The government refused, saying it was private information. A judge agreed, but also said the government should have shared some public information they had kept secret.
Key Facts
- •Jon Austin appealed a decision by the Information Commissioner upholding the Home Office's refusal to disclose information about an individual whose arrest was blocked by protesters.
- •The request concerned information potentially identifying the individual, including whether he had been re-arrested.
- •The Home Office relied on sections 31(1)(e), 40(2), and 38(1) of the Freedom of Information Act 2000 (FOIA).
- •The Information Commissioner's Decision Notice held that the requested information was personal data and that disclosure would contravene data protection principles.
- •The appeal was heard by the First-tier Tribunal (General Regulatory Chamber) on the papers.
- •The Tribunal directed disclosure of certain previously withheld documents to the appellant.
Legal Principles
Tribunals should strive for maximum candour when informing parties of decisions, particularly in closed sessions.
Browning v IC & DBIS [2014] EWCA Civ 1050
Section 40 FOIA exempts personal data from disclosure if its disclosure would contravene data protection principles.
Freedom of Information Act 2000
GDPR Article 5 mandates lawful, fair, and transparent processing of personal data.
General Data Protection Regulation
GDPR Article 10 restricts processing of personal data relating to criminal convictions or offences unless authorised by law with appropriate safeguards.
General Data Protection Regulation
Section 11 DPA 2018 clarifies the scope of personal data relating to criminal convictions and offences.
Data Protection Act 2018
Schedule 1 Part 3 DPA 2018 outlines additional conditions for processing criminal conviction data, including consent or public domain status.
Data Protection Act 2018
Section 58 FOIA outlines the Tribunal's powers in appeals, including allowing or dismissing the appeal based on whether the notice was in accordance with the law.
Freedom of Information Act 2000
Outcomes
The appeal was dismissed.
The Tribunal agreed with the Information Commissioner's Decision Notice that the requested information was personal data, its disclosure would contravene data protection principles, and it was therefore exempt from disclosure under s. 40(2) FOIA.
Rule 14 Direction amended.
The Tribunal directed the disclosure of certain pages (B18CB to B23CB) and a paragraph (31) of the respondent's response previously withheld, as this information was already in the public domain.