Sean Burns v The Information Commissioner
[2023] UKFTT 1021 (GRC)
Thomas Turner v The Information Commissioner & Anor
19 December 2023
[2023] UKFTT 1063 (GRC)
First-tier Tribunal
A newspaper wanted the names of past charity trustees. The charity and the Information Commissioner said no, citing privacy. A court ruled that the public's right to know outweighed the trustees' privacy, ordering the release of the names.
Key Facts
- •Appeal under section 57 of the Freedom of Information Act 2000 (FOIA) against the Information Commissioner's decision.
- •Request for names of Lower Shankill Community Association trustees (2018-2020).
- •Charity Commission for Northern Ireland (CCNI) refused request citing FOIA s 40(2) exemption for personal data.
- •Information Commissioner upheld CCNI's decision, citing trustees' reasonable expectation of privacy.
- •Appellant argued strong public interest in transparency of charity activities, especially given potential links to paramilitary groups.
- •Tribunal found that the CCNI failed to provide sufficient evidence to support its claim of potential damage or distress to former trustees.
Legal Principles
Freedom of Information Act 2000 (FOIA) s 40(2) exemption for personal data.
FOIA
Balancing test: weighing public interest in disclosure against data subject's right to privacy.
Case law (implied)
Reasonable expectation of privacy: Trustees of charities receiving public funds do not have a reasonable expectation that their names will remain private after their involvement ends.
Tribunal's decision
Outcomes
Appeal allowed.
The Tribunal found that the CCNI failed to demonstrate a reasonable expectation of privacy for the former trustees, and that the public interest in disclosure outweighed any potential harm.
CCNI must disclose requested information within 35 days.
Based on the Tribunal's finding that the public interest in disclosure outweighs the potential harm to the privacy of the former trustees.
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