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SP v The Information Commissioner

29 January 2024
[2024] UKFTT 87 (GRC)
First-tier Tribunal
Someone asked for their own personal information under an environmental law. The law says you can't get your own personal data that way. So, the court threw out the case. They also gave the person some temporary privacy.

Key Facts

  • Appeal against Information Commissioner's decision notice under the Freedom of Information Act 2000 (FOIA) regarding a decision made under the Environmental Information Regulations 2004 (EIR).
  • Appellant sought disclosure of his own personal data under the Data Protection Act 2018.
  • No challenge to the Commissioner's conclusions regarding third-party data.
  • Appellant agreed the requested information was his personal data.

Legal Principles

The duty under Regulation 5(1) EIR to make environmental information available does not apply to a requestor's personal data.

Environmental Information Regulations 2004

The Tribunal has no jurisdiction to consider whether the appellant's personal data should have been provided to him by the public authority.

First-tier Tribunal General Regulatory Chamber rules

Outcomes

Appeal struck out.

No reasonable prospects of success; the appeal did not challenge the Commissioner's decision and the EIR does not apply to the requester's own personal data.

Temporary anonymity order granted.

Pending outstanding application for anonymity.

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