Lownie v Information Commissioner & Anor
[2024] UKUT 116 (AAC)
Stephen Gibbons v Information Commissioner
4 April 2024
[2024] UKFTT 268 (GRC)
First-tier Tribunal
Someone wanted police files about their mother's murder. The archives said no because of privacy and mental health concerns. The court agreed with some of the concerns but ordered some other documents to be released.
Key Facts
- •Appeal against Information Commissioner's decision regarding access to National Archives file on a 1956 murder.
- •Appellant requested information related to his mother's murder.
- •National Archives withheld information citing exemptions under sections 38(1)(a) (health and safety) and 40(2) (personal information) of the Freedom of Information Act 2000.
- •Information Commissioner upheld the withholding of information.
- •Appellant argued that similar information was already in the public domain and that the Commissioner's decision was unduly cautious.
- •Tribunal considered whether information was already public, the applicability of sections 40(2) and 38(1)(a), and the public interest in disclosure versus maintaining exemption.
Legal Principles
Freedom of Information Act 2000 (FOIA): Section 1 - General right of access to information.
FOIA
FOIA: Section 21 - Information accessible to applicant by other means.
FOIA
FOIA: Section 38 - Health and safety.
FOIA
FOIA: Section 40 - Personal information.
FOIA
Data Protection Act 2018 (DPA): Definition of personal data and processing.
DPA
UK GDPR: Data protection principles and lawful processing.
UK GDPR
Balancing of interests under Article 6(1)(f) UK GDPR.
South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55
Meaning of "likely to" in section 38(1) FOIA.
Keane v IC, Home Office & MPS [2016] UKUT 0461 (AAC)
FOIA: Section 58 - Determination of appeals.
FOIA
Outcomes
Appeal allowed in part.
Some information was already in the public domain (section 21(1) FOIA). The Tribunal found that some information was exempt under section 40(2) (personal data) and section 38(1)(a) (health and safety) due to the risk of endangering the mental health of surviving relatives. Other documents not covered by exemptions were ordered to be disclosed.