Key Facts
- •Sam McBride requested information from the Northern Ireland Assembly relating to redacted remarks by Martin McGuinness in a 1998 Hansard record.
- •The Assembly withheld information under section 40(2) of the Freedom of Information Act (FOIA), citing personal data protection.
- •The Information Commissioner (IC) partially allowed the appeal, ordering disclosure of some but not all of the redacted information.
- •McBride appealed the IC's decision to the First-tier Tribunal (FTT).
- •The FTT allowed the appeal, ordering full disclosure of the withheld information.
Legal Principles
Freedom of Information Act 2000 (FOIA): Right to information subject to exemptions.
FOIA s.1(1)(a), s.1(1)(b)
FOIA Exemptions: Absolute and qualified exemptions; public interest balancing test.
FOIA s.2(2), s.2(3)
FOIA s.40(2): Exemption for personal data; contravention of data protection principles.
FOIA s.40(2), s.40(3A)
Data Protection Act 2018: Definition of personal data; identifiable living individual.
DPA 2018 s.3(2)
UK GDPR Article 6(1): Lawfulness of processing; legitimate interests balancing test.
UK GDPR Art 6(1)(f)
South Lanarkshire Council v Scottish Information Commissioner: Three-stage legitimate interests balancing test.
South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55
Outcomes
Appeal allowed.
The FTT found that the Assembly could rely on Article 6(1)(f) UK GDPR as a lawful basis for disclosure of all withheld information; disclosure was necessary to meet a legitimate interest, and that interest overrode the data subject's rights and freedoms.
Substituted Decision Notice.
The Assembly must disclose all originally withheld information to the appellant within 35 days.