Stephen John Gullick v The Information Commissioner
[2023] UKFTT 985 (GRC)
Russell Mellford v The Information Commissioner & Anor
23 October 2023
[2023] UKFTT 884 (GRC)
First-tier Tribunal
Someone in prison wanted the name of the person who dealt with their complaint. The government wouldn't give it out to protect the worker's privacy. The court agreed that keeping the name secret was fine, even though the government was late responding to the request.
Key Facts
- •Russell Mellford (Appellant) appealed a Decision Notice (DN) from the Information Commissioner (First Respondent) concerning a Freedom of Information Act 2000 (FOIA) request to the Ministry of Justice (MOJ, Second Respondent).
- •The request sought the name of the MOJ staff member who responded to Mellford's prison complaint.
- •The MOJ refused the request citing section 40(2) FOIA (personal data exemption).
- •The Commissioner upheld the MOJ's reliance on section 40(2) but found a procedural breach under section 10(1) FOIA (timeliness).
- •Mellford argued that the MOJ's Complaints Policy required disclosure of the staff member's name and that there was inconsistency between FOIA and the policy.
Legal Principles
General right of access to information held by public authorities
Freedom of Information Act 2000 (FOIA)
Personal information exemption
Freedom of Information Act 2000 (FOIA)
Definition of personal data
Data Protection Act 2018
Data protection principles
UK General Data Protection Regulation (GDPR)
Time for compliance with FOIA request
Freedom of Information Act 2000 (FOIA)
Name as personal data
Edem v IC & Financial Services Authority [2014] EWCA Civ 92
Outcomes
Appeal dismissed.
The Tribunal found that section 40(2) FOIA applied because disclosing the staff member's name would be unreasonable, unfair, and disproportionate, and not necessary to meet any legitimate interest. The Tribunal also endorsed the Commissioner's reasoning and found no error of law.