Andy Kimber v The Information Commissioner & Anor
[2023] UKFTT 675 (GRC)
Michael David Worssell v The Information Commissioner
10 October 2023
[2023] UKFTT 843 (GRC)
First-tier Tribunal
Someone wanted the name and registration number of a doctor who authorized their mother's cremation to complain to the GMC. The council refused, but a court ruled the council must give the information because the public's right to know about the doctor's actions was more important than the doctor's privacy.
Key Facts
- •Michael Worssell requested information from Rushmoor Borough Council (RBC) about the doctor who authorized his mother's cremation.
- •The request included the doctor's name and GMC registration number.
- •RBC refused the request under section 40(2) of the Freedom of Information Act 2000 (FOIA).
- •The Information Commissioner upheld RBC's refusal.
- •Worssell appealed to the First-tier Tribunal (General Regulatory Chamber).
- •Worssell needed the information to make a complaint to the General Medical Council (GMC).
Legal Principles
Freedom of Information Act 2000 (FOIA), Section 40: Personal information exemption.
FOIA
General Data Protection Regulation (GDPR), Article 5: Lawfulness, fairness and transparency of processing.
GDPR
GDPR, Article 6(1)(f): Legitimate interests processing.
GDPR
FOIA, Section 58: Tribunal powers on appeal.
FOIA
Outcomes
Appeal allowed.
The Tribunal found the Information Commissioner's decision contained errors of law. The Tribunal concluded that the doctor's senior role within RBC, and the public interest in transparency and accountability, outweighed the doctor's data protection rights. The Appellant's need for the information to make a GMC complaint was deemed necessary.
Rushmoor Borough Council joined as Second Respondent.
To allow the Tribunal to direct the disclosure of the requested information and to give RBC the right to appeal.
Rushmoor Borough Council directed to disclose the requested information.
Based on the Tribunal's finding of a lawful basis for processing the data under GDPR and the overriding public interest.