Adnan Ali v The Information Commissioner
[2024] UKFTT 371 (GRC)
Nina Freedman v The Information Commissioner & Anor
13 June 2024
[2024] UKFTT 503 (GRC)
First-tier Tribunal
A student requested a report about an investigation into a university professor. The university refused, saying releasing it would hurt future investigations and violate people's privacy. A judge agreed, even though parts of the report were already leaked online.
Key Facts
- •Nina Freedman (Appellant) requested a report from the University of Bristol (Second Respondent) about its investigation of a former academic staff member.
- •The University refused the request, citing exemptions under sections 36 (record of a qualified person's opinion) and 40 (personal information) of the Freedom of Information Act 2000 (FOIA).
- •The Information Commissioner (First Respondent) upheld the University's refusal.
- •Freedman appealed to the First-tier Tribunal (General Regulatory Chamber).
- •Parts of the report had already been leaked and published online.
- •The Tribunal considered five grounds of appeal.
Legal Principles
Freedom of Information Act 2000 (FOIA) exemptions: sections 36 (prejudice to effective conduct of public affairs) and 40 (personal information).
Freedom of Information Act 2000
Data Protection Principles under UK GDPR, particularly Article 5(1)(a)
UK GDPR
Public interest test under FOIA section 2(2)(b): balancing public interest in maintaining exemption against public interest in disclosure.
FOIA section 2(2)(b)
Section 32(2) FOIA exemption for court records etc. applies only to statutory inquiries, not those based on prerogative powers.
FOIA section 32(2)
'Chilling effect' argument under section 36 FOIA: disclosure inhibiting free and frank discussions and advice.
FOIA section 36
Outcomes
The appeal was dismissed.
The Tribunal found no error of law in the Information Commissioner's decision. The public interest in maintaining the exemptions under sections 36 and 40 outweighed the public interest in disclosure. The potential chilling effect on future investigations and the protection of third-party personal data were key considerations.