Angela Powell v The Information Commissioner & Anor

Angela Powell v The Information Commissioner & Anor

The EHRC was entitled to withhold the March request information, the percentage of men and women in each hourly pay quarter, and the median pay of men and women under section 40(2) FOIA as these constitute personal data and disclosure is not justified. However, the EHRC was not entitled to withhold mean pay for men, mean pay for women, the percentage difference between median pay for women and men, and the percentage difference between mean pay for women and men, as these do not reveal personal data or the legitimate interest in transparency outweighs the limited prejudice to data subjects' rights.

Parties
Appellant: Angela Powell; First Respondent: The Information Commissioner; Second Respondent: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Appeal / First Tier Tribunal Rehearing After Upper Tribunal Remittal
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information, Personal Data, Gender Pay Gap, Equal Pay, Statutory Duties, Disclosure
Information Rights Data Protection Employment Law Freedom of Information Personal Data Gender Pay Gap Equal Pay Statutory Duties +1 more

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Parties

Angela Powell

Appellant

The Information Commissioner

First Respondent

Equality and Human Rights Commission

Second Respondent

Procedural Posture

Appeal / First Tier Tribunal Rehearing After Upper Tribunal Remittal

Legal Issues

  1. 1 Whether the requested information constitutes personal data under FOIA and DPA
  2. 2 Whether disclosure is necessary for legitimate interests under Article 6(1)(f) GDPR
  3. 3 Whether legitimate interests are overridden by data subjects' rights and freedoms

Ratio Decidendi

The EHRC was entitled to withhold the March request information, the percentage of men and women in each hourly pay quarter, and the median pay of men and women under section 40(2) FOIA as these constitute personal data and disclosure is not justified. However, the EHRC was not entitled to withhold mean pay for men, mean pay for women, the percentage difference between median pay for women and men, and the percentage difference between mean pay for women and men, as these do not reveal personal data or the legitimate interest in transparency outweighs the limited prejudice to data subjects' rights.

Court Disposition

Appeal allowed in part

Orders

  • EHRC to disclose mean pay for men, mean pay for women, percentage difference between median pay for women and men, and percentage difference between mean pay for women and men within 42 days.
  • Any failure to comply may amount to contempt and be certified to the Upper Tribunal.