Stephen John Gullick v The Information Commissioner
[2023] UKFTT 985 (GRC)
Paul Macintosh v Information Commissioner
29 February 2024
[2024] UKFTT 164 (GRC)
First-tier Tribunal
Someone requested information about why some reports weren't processed in a council scheme. The council said releasing the info would break data protection rules and compromise national security. A judge agreed with the council, saying the reasons for not releasing the info were important enough to outweigh the public's right to know.
Key Facts
- •Paul Mackintosh requested information from Nottinghamshire County Council about reports under the 'Lorry Watch' scheme.
- •The Council withheld information citing sections 24(1) and 40(2) of the Freedom of Information Act 2000 (FOIA).
- •The withheld information concerned two periods: Period 1 (lack of resources) and Period 2 (lack of access to the PNC system).
- •Mackintosh appealed the Information Commissioner's decision upholding the Council's refusal.
- •The appeal concerned whether the withheld information was personal data (section 40(2) FOIA) and whether it related to national security (section 24(1) FOIA).
Legal Principles
Freedom of Information Act 2000 (FOIA) exemptions for personal data (section 40(2)) and national security (section 24(1)).
Freedom of Information Act 2000
Data Protection Act 2018 and UK GDPR principles regarding the processing of personal data.
Data Protection Act 2018; UK GDPR
Public interest test balancing the public interest in disclosure against the public interest in maintaining the exemption.
SSHD v Rehman [2001] UKHL 47; Norman Baker v the Information Commissioner and the Cabinet Office (EA/2006/0045, 4 April 2007)
Outcomes
Appeal dismissed.
The Tribunal found the withheld information in paragraph [2] to be personal data, and that disclosure would not be lawful under article 6(1)(f) of the UK GDPR. Regarding paragraph [4], the Tribunal found the information related to national security and that the public interest in maintaining the exemption outweighed the public interest in disclosure.