Johm McTighe v Information Commissioner
[2023] UKFTT 830 (GRC)
William Stevenson v The Information Commissioner
30 August 2023
[2023] UKFTT 689 (GRC)
First-tier Tribunal
Someone asked the police for info about a bus driver involved in a traffic incident. The police and the Information Commissioner said giving the info would break data protection laws, so they refused. The court agreed and threw out the case because there was no chance of winning.
Key Facts
- •Appellant requested information from Lancashire Police about a traffic offence involving a bus and himself.
- •The request sought information on the action taken against the bus driver, identified only by vehicle registration and date.
- •Police invoked section 40(5) FOIA (neither confirm nor deny) citing data protection.
- •The Information Commissioner upheld the Police's refusal, citing section 40(5B)(a)(i) FOIA and Article 5 UK GDPR.
- •The Commissioner reasoned that confirming or denying would disclose the bus driver's personal data.
- •The Commissioner also reasoned that confirmation would disclose criminal offence data (DPA 2018).
Legal Principles
Section 40(5) FOIA: Neither confirm nor deny exemption.
Freedom of Information Act 2000
Section 40(5B)(a)(i) FOIA: Exemption if confirmation or denial would contravene data protection principles.
Freedom of Information Act 2000
Article 5 UK GDPR: Data protection principles.
UK GDPR
DPA 2018: Rules on processing criminal offence data.
Data Protection Act 2018
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, Rule 8(3)(c): Power to strike out appeals with no reasonable prospect of success.
Tribunal Procedure Rules
Outcomes
Appeal struck out.
The appeal had no reasonable prospect of success. The appellant did not identify any error of law or inappropriate exercise of discretion in the Commissioner's decision.