Nigel Rawlins v The Information Commissioner
[2023] UKFTT 916 (GRC)
Paul Rolleston v The Information Commissioner
5 October 2023
[2023] UKFTT 824 (GRC)
First-tier Tribunal
Someone asked the police for information about someone else's arrest. The police and the Information Commissioner said no, because giving the information, or even saying whether they had it, would reveal private details. The court agreed with the police and the Commissioner.
Key Facts
- •Paul Rolleston (Appellant) requested information from Kent Police regarding the arrest of a third party.
- •Kent Police neither confirmed nor denied holding the information, citing section 40(5A) and (5B) of the Freedom of Information Act 2000 (FOIA).
- •The Information Commissioner upheld Kent Police's decision.
- •Rolleston appealed to the First-tier Tribunal (General Regulatory Chamber).
Legal Principles
General right of access to information held by public authorities.
Freedom of Information Act 2000 (FOIA)
Prohibition on providing information which is the requester's own personal data, or confirming/denying holding such information.
FOIA
Prohibition on confirming/denying whether a public authority holds third party's personal data if doing so would breach data protection principles.
FOIA
Definition of personal data.
Data Protection Act 2018 (DPA)
Special category of personal data: criminal offence data.
DPA
Tribunal's role in deciding appeals.
FOIA
Outcomes
Appeal dismissed.
The Commissioner's decision was not wrong in law. Sections 40(5A) and (5B) FOIA, which are absolute exemptions, apply. The requested information, if held, would reveal sensitive personal data, and even confirming or denying its existence would reveal personal information.