Shajad Hussain v The Information Commissioner
[2024] UKFTT 451 (GRC)
S Hussain v The Information Commissioner
9 November 2023
[2023] UKFTT 950 (GRC)
First-tier Tribunal
Someone asked for information about social workers, including their names. The council refused, saying it was personal information. A judge agreed, saying it wasn't necessary to give that information and that the request couldn't be justified by human rights laws. The appeal failed.
Key Facts
- •Mr. Hussain requested information from Bradford Council about social workers, including names, registration numbers, employment dates, and employment type.
- •Bradford Council withheld the information under section 40 of the Freedom of Information Act 2000 (FOIA).
- •The Information Commissioner upheld Bradford Council's decision.
- •Mr. Hussain appealed the Information Commissioner's decision, arguing that the information was not personal data and was already in the public domain.
- •The Information Commissioner applied to strike out Mr. Hussain's appeal.
Legal Principles
Freedom of Information Act 2000 (FOIA)
FOIA
Data Protection Act 2018 (DPA)
DPA
UK General Data Protection Regulations (GDPR)
GDPR
Article 10 European Convention on Human Rights (ECHR)
ECHR
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
Tribunal Procedure Rules
Outcomes
Appeal struck out
The appeal had no reasonable prospects of success. The requested information was considered personal data, and its disclosure was deemed unnecessary and potentially unlawful under GDPR. The argument based on Article 10 ECHR was rejected based on precedent set in *Moss v Information Commissioner and the Cabinet Office*.