Anthony Peter Clark v The Information Commissioner

Anthony Peter Clark v The Information Commissioner

Disclosure or confirmation/denial of the requested information would not be the least intrusive means of achieving the legitimate aims and is not reasonably necessary; therefore, section 40(5B) FOIA applies and the Trust is not required to confirm or deny holding the information.

Parties
Appellant: Anthony Peter Clark; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
14 April 2025
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Freedom of Information Act 2000, Personal Data, Section 40 FOIA, Section 40(5 B) FOIA, UK GDPR, Data Protection Act 2018
Information Rights Data Protection Freedom of Information Act 2000 Personal Data Section 40 FOIA Section 40(5 B) FOIA UK GDPR Data Protection Act 2018

Case Brief

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Parties

Anthony Peter Clark

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Is the requested information personal data?
  2. 2 Is there a legitimate interest in the request for information?
  3. 3 Is disclosure necessary to meet the legitimate interest?

Ratio Decidendi

Disclosure or confirmation/denial of the requested information would not be the least intrusive means of achieving the legitimate aims and is not reasonably necessary; therefore, section 40(5B) FOIA applies and the Trust is not required to confirm or deny holding the information.

Court Disposition

appeal dismissed