Stephen John Gullick v The Information Commissioner
[2023] UKFTT 985 (GRC)
Noel Pereira v The Information Commissioner
5 June 2023
[2023] UKUT 130 (AAC)
Upper Tribunal
Someone wanted information about someone else's debt problems. The government said no because it would violate the other person's privacy. The court agreed, even though there were some questions about whether the debt was handled correctly. The court said protecting the private information was more important.
Key Facts
- •Mr. Pereira requested information from the Insolvency Service regarding a Debt Relief Order (DRO) granted to a third party who owed him money.
- •The Insolvency Service claimed exemptions under section 40(2) of the Freedom of Information Act 2000 (FOIA).
- •Mr. Pereira appealed to the First-tier Tribunal (FTT), which partially upheld his appeal.
- •This appeal to the Upper Tribunal (UT) concerns the FTT's decision regarding the disclosure of specific details of the third party's DRO application.
- •The FTT balanced Mr. Pereira's legitimate interest in disclosure against the third party's privacy rights under Article 6(1)(f) GDPR.
- •The FTT denied disclosure, finding the third party's privacy rights outweighed Mr. Pereira's interest.
Legal Principles
Freedom of Information Act 2000 (FOIA) exemptions, specifically section 40(2) regarding personal data.
Freedom of Information Act 2000
Data Protection Act 2018 (DPA 2018) and General Data Protection Regulation (GDPR) principles on lawful processing of personal data (Article 5(1)(a), Article 6(1)(f)).
Data Protection Act 2018, GDPR
Balancing test for disclosure of personal data: considering legitimate interests of the requester against the data subject's rights and freedoms. This involves a three-part test derived from *South Lanarkshire Council v Scottish Information Commissioner*.
Goldsmith International Business School v IC and the Home Office [2014] UKUT 0563 (AAC); South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55; Farrand v Information Commissioner [2014] UKUT 310 (AAC)
Outcomes
The Upper Tribunal dismissed Mr. Pereira's appeal.
The FTT did not err in law in balancing Mr. Pereira's legitimate interest in disclosure against the third party's right to privacy. The FTT correctly considered all relevant factors, including the allegation of fraud and the availability of alternative remedies.
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