Thomas Turner v The Information Commissioner & Anor
[2023] UKFTT 1063 (GRC)
Sean Burns v The Information Commissioner
13 December 2023
[2023] UKFTT 1021 (GRC)
First-tier Tribunal
Someone asked for a report about a charity but the government refused because the report had personal information about possible crimes. A court decided the government was right to keep the information secret because of data protection laws, even though parts of the report were once public.
Key Facts
- •Sean Burns appealed a decision by the Information Commissioner (IC) upholding the Charity Commission for Northern Ireland's (CCNI) refusal to release information from a report on GAPS NI, a former charity.
- •The refusal was based on exemptions under sections 40(2) and 40(3A)(a) of the Freedom of Information Act 2000 (FOIA), relating to personal data and data protection principles.
- •The report had been publicly available but was removed following the Court of Appeal (Northern Ireland) decision in *McKee & Hughes -v- The Charity Commission for Northern Ireland* [2020] NICA 13, which found CCNI staff lacked the power to make decisions.
- •Mr. Burns argued the IC took too narrow a view of his request, and that CCNI's failure to reissue the report was a dereliction of duty.
- •The Tribunal considered a closed bundle containing the withheld report.
Legal Principles
Freedom of Information Act 2000 (FOIA) – right to information subject to exemptions.
FOIA sections 1(1)(a), 1(1)(b), 2(2)(a), 2(2)(b)
FOIA section 40(2) and 40(3A)(a) – exemption for personal data contravening data protection principles.
FOIA section 40(2), 40(3A)(a)
Data Protection Act 2018 (DPA) and UK GDPR – data protection principles, including lawful, fair, and transparent processing.
Article 5(1) UK GDPR, section 34(1) DPA
UK GDPR Article 10 – processing of personal data relating to criminal convictions and offences.
Article 10 UK GDPR
Schedule 1 DPA – conditions for processing Article 10 material.
Schedule 1 DPA
*McKee & Hughes -v- The Charity Commission for Northern Ireland* [2020] NICA 13 – CCNI staff lacked power to make decisions.
[2020] NICA 13
Outcomes
Appeal dismissed.
The Tribunal found the IC correctly applied the exemptions under FOIA sections 40(2) and 40(3A)(a) because the report contained personal data subject to Article 10 UK GDPR, and its disclosure would contravene data protection principles. The Tribunal considered the broader questions raised by Mr. Burns outside the scope of the original request.
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