Paul John Calvert v The Information Commissioner & Anor
[2023] UKFTT 542 (GRC)
Peter Hayes v The Information Commissioner
2 August 2023
[2023] UKFTT 641 (GRC)
First-tier Tribunal
Someone asked for information about Tyne Tunnel toll charges, and the authority said it was too expensive to provide. The Information Commissioner agreed, and a court threw out the appeal because the person asking for the information didn't offer good reasons to disagree.
Key Facts
- •Peter Hayes appealed a decision notice (DN) from the Information Commissioner (IC) regarding a Freedom of Information Act 2000 (FOIA) request.
- •The request sought information from North East Combined Authority (NECA) about unpaid toll charge notices for the Tyne Tunnel.
- •NECA refused the request citing section 12(1) of FOIA (cost limit).
- •The IC upheld NECA's refusal.
- •The appeal focused on whether the cost limit was correctly applied, particularly concerning the feasibility of data aggregation.
- •A third-party concessionaire (TT2) manages the relevant systems for NECA.
Legal Principles
Freedom of Information Act 2000 (FOIA)
Section 57 (Appeals)
Section 12(1) FOIA: Cost Limit
FOIA
Section 16 FOIA: Advice and Assistance
FOIA
Outcomes
The appeal was struck out.
The Tribunal found the appellant's arguments speculative and based on supposition, not clear reasoning. The Tribunal accepted the Commissioner's assessment that the cost limit was correctly applied based on how the data was held, not how it could potentially be held.