David Little v The Information Commissioner
[2023] UKFTT 169 (GRC)
Sam McBride v Information Commissioner
17 May 2024
[2024] UKFTT 384 (GRC)
First-tier Tribunal
Someone asked to see hidden parts of an old political speech. The government said no, but the judge said yes, because the historical importance of the speech outweighed the privacy of the person mentioned. The hidden parts must now be released.
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.