James Mooney v The Information Commissioner
[2024] UKFTT 508 (GRC)
Stephen John Gullick v The Information Commissioner
27 November 2023
[2023] UKFTT 985 (GRC)
First-tier Tribunal
Someone requested a letter from a parish council, but the council refused, saying it contained private information. The Information Commissioner agreed. The person appealed, but the court sided with the council and the Commissioner, saying releasing the private information wasn't necessary and would violate the person's privacy.
Key Facts
- •Appeal against the Information Commissioner's decision upholding Cottesmore Parish Council's refusal to disclose a letter under the Freedom of Information Act 2000 (FOIA).
- •The letter, sent to the Council by solicitors on behalf of a client, was referenced in public council minutes but its content was not discussed.
- •The Information Commissioner relied on section 40(2) FOIA (personal data exemption) to refuse disclosure.
- •The Appellant argued procedural unfairness and that the public interest in disclosure outweighed the data subject's privacy rights.
- •The Tribunal conducted a full rehearing on the merits.
Legal Principles
Freedom of Information Act 2000 (FOIA) - general right of access to information held by public authorities.
Section 1 FOIA
FOIA exemption for information obtained in confidence (section 41). This is an absolute exemption not subject to a public interest test, but a similar balancing exercise applies considering that confidentiality should be presumed, and private interests can weigh against disclosure.
Section 41 FOIA, Coco v A N Clark (Engineers) Limited [1968] FSR 415,419, Derry City Council v Information Commissioner
FOIA exemption for personal data where disclosure would breach data protection principles (section 40(2)). This is an absolute exemption not subject to a public interest test.
Section 40(2) FOIA
Data Protection Act 2018 - definition of personal data.
Section 3(2) Data Protection Act 2018
UK GDPR Article 5(1)(a) - Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject.
Article 5 UK GDPR
UK GDPR Article 6(1)(f) - Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
Article 6(1)(f) UK GDPR
Tribunal's jurisdiction under section 58 FOIA to review the Decision Notice and conduct a full rehearing on the merits.
Section 58 FOIA, British Broadcasting Corporation v Sugar [2007] 1 WLR 2583, Carins v IC EA/2009/0119/0102, R v Visitors to the Inns of Court ex parte Calder [1994] QB 1, R (DR) v St George’s Catholic School Head Teacher [2002] EWCA Civ 1822, Guardian Newspapers & Brooke v Information Commissioner EA/2006/0011 & 0013
Outcomes
Appeal dismissed.
The Tribunal found that the Information Commissioner was entitled to apply section 40(2) FOIA. While acknowledging the Appellant's legitimate interest, the Tribunal concluded that disclosure was not necessary and would breach the data subject's reasonable expectation of privacy. The public interest in disclosure was outweighed by the data subject's right to privacy.