Noel Titheradge v The Information Commissioner & Anor.
[2023] UKFTT 447 (GRC)
Noel Titheradge v The Information Commissioner
26 May 2023
[2023] UKFTT 446 (GRC)
First-tier Tribunal
A reporter wanted police bodycam footage of an assault and officers turning off their cameras. The police refused, saying it was private information. A judge agreed that the footage of the assault itself was private and the rest would violate the privacy of others involved. The reporter lost.
Key Facts
- •Noel Titheradge, a BBC investigative reporter, requested Body Worn Video (BWV) footage from Merseyside Police relating to an incident where four officers were convicted of assault and perverting the course of justice.
- •The incident involved the assault of Mark Bamber by PC McIntyre, and three other officers switching off their BWV cameras during the assault.
- •Merseyside Police withheld the footage citing section 40(2) of the Freedom of Information Act 2000 (FOIA), sections 30(1)(a) and (2)(a)(i) and (iii) and data protection regulations.
- •The Information Commissioner ruled that Merseyside Police breached section 21 FOIA by not directing Titheradge to already publicly released footage but upheld the withholding of the remaining footage under section 40(2) FOIA.
- •Titheradge appealed the Commissioner's decision.
Legal Principles
Freedom of Information Act 2000 (FOIA) - Section 40(2): Exemption for personal data where disclosure would contravene data protection principles.
FOIA
Data Protection Act 2018 (DPA) - Schedule 1, Part 2, Paragraph 13: Conditions for disclosure of personal data for journalistic purposes in connection with unlawful acts.
DPA
UK General Data Protection Regulation (UK GDPR) - Article 5(1)(a): Personal data shall be processed lawfully, fairly and in a transparent manner.
UK GDPR
UK GDPR - Article 6(1)(f): Processing is necessary for the purposes of legitimate interests, unless overridden by data subject's interests or rights.
UK GDPR
UK GDPR - Article 10: Processing of personal data relating to criminal convictions and offences.
UK GDPR
DPA - Section 10: Special categories of personal data and criminal convictions etc. data.
DPA
DPA - Schedule 1, Part 3, Paragraph 36: Extension of conditions in Part 2 referring to substantial public interest (disapplied for criminal offence data).
DPA
Outcomes
Appeal dismissed.
The Tribunal found that the footage containing the assault and immediate aftermath was criminal offence data, and Merseyside Police did not reasonably believe its disclosure was in the public interest. The remaining footage, while arguably of legitimate public interest, was deemed to violate the rights and freedoms of individuals present, including Mr. Bamber and paramedics.