Tianli Cui v Information Commissioner
[2024] UKFTT 1047 (GRC)
Richard and Jane Burton v The Information Commissioner
18 July 2023
[2023] UKFTT 624 (GRC)
First-tier Tribunal
Someone asked the Information Commissioner for documents about a data breach investigation. The Commissioner refused, citing data protection laws. The person appealed, but the court said it couldn't hear the case because it didn't have the power to decide on this type of data protection issue.
Key Facts
- •Appellants requested copies of correspondence from the Information Commissioner relating to a data breach investigation.
- •The Information Commissioner withheld information under s44 Freedom of Information Act 2000 (FOIA), relying on s132 Data Protection Act 2018 (DPA).
- •Appellants appealed to the First-tier Tribunal (FTT), arguing the Commissioner provided false information, disclosure was in the public interest, and information was needed for potential civil proceedings.
- •The Information Commissioner argued the FTT lacked jurisdiction to hear the appeal concerning s132 DPA decisions.
Legal Principles
Information is exempt if disclosure is prohibited by any enactment (s44(1)(a) FOIA).
Freedom of Information Act 2000
Disclosure of information obtained by the Information Commissioner is prohibited unless made with lawful authority (s132(1) DPA).
Data Protection Act 2018
Exceptions to the prohibition on disclosure under s132(1) DPA include disclosure for civil proceedings (s132(2)(e)) or in the public interest (s132(2)(f)).
Data Protection Act 2018
The FTT only has jurisdiction over matters conferred by statute.
UKFTT Rules
Outcomes
Appeal struck out.
The Tribunal lacks jurisdiction to hear appeals relating to decisions under s132 DPA.