Thomas Turner v The Information Commissioner & Anor
[2023] UKFTT 1063 (GRC)
Professor Geoffrey Alderman v Information Commissioner & Anor
14 September 2023
[2022] UKFTT 524 (GRC)
First-tier Tribunal
Someone wanted the names of a charity's leaders. The charity and government said no because revealing their names would put them in danger. The court agreed, saying protecting these people was more important than releasing the names.
Key Facts
- •Professor Geoffrey Alderman requested the names of a charity's trustees from the Charity Commission.
- •The Charity Commission withheld the information citing exemptions under the Freedom of Information Act 2000 (FOIA), specifically sections 38, 40(2), and 41.
- •The Information Commissioner's Office (ICO) upheld the Commission's decision, focusing on sections 38 and 40(2).
- •Professor Alderman appealed the ICO's decision to the First-tier Tribunal (FTT).
- •The appeal was heard on the papers without a hearing.
- •The FTT considered whether sections 38 and 40(2) of FOIA applied, and if so, whether the public interest favoured disclosure.
Legal Principles
Freedom of Information Act 2000 (FOIA) exemptions
FOIA
Public interest test in balancing disclosure and exemption
FOIA
Definition of 'in the public domain'
Case law (Mosley v News Group Newspapers [2008] EWHC 678 (QB), Attorney General v Manchester Newspapers Ltd [2001] EWHC QB 451, Montague v Information Commissioner & Department for International Trade [2022] UKUT 104 (AAC))
Data Protection Act 2018 and GDPR principles concerning personal data
Data Protection Act 2018, GDPR
Outcomes
Appeal dismissed.
The Tribunal found that disclosure of the corporate trustee's name would likely lead to the disclosure of individual trustees' names, thus engaging section 38 (endangering safety) and section 40(2) (personal information) of the FOIA. The public interest in protecting the safety of the individuals involved outweighed the public interest in disclosure.
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