Ben Kingsley v The Information Commissioner & Anor

Ben Kingsley v The Information Commissioner & Anor

Disclosure of the requested Covid-19 vaccination and mortality data, even with Barnardisation, would likely lead to re-identification and unsolicited contact with bereaved families, endangering mental health. Section 38(1)(a) FOIA exemption is engaged and outweighs public interest in disclosure. Additionally, section 12 FOIA cost exemption applies due to excessive processing and quality assurance requirements, justifying refusal.

Parties
Appellant: Ben Kingsley; 1st Respondent: The Information Commissioner; 2nd Respondent: The UK Health Security Agency
Jurisdiction
England and Wales
Judgment Date
18 November 2025
Procedural Posture
FOIA Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Freedom of Information Act, Data Protection, Public Interest Balance, Barnardisation, Anonymisation, Mental Health Exemption, Cost Exemption
Information Law Public Health Law Freedom of Information Act Data Protection Public Interest Balance Barnardisation Anonymisation Mental Health Exemption +1 more

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Parties

Ben Kingsley

Appellant

The Information Commissioner

1st Respondent

The UK Health Security Agency

2nd Respondent

Procedural Posture

FOIA Appeal / Final Judgment

Legal Issues

  1. 1 Whether section 38(1)(a) FOIA exemption applies to requested Covid-19 vaccination and mortality data
  2. 2 Whether section 12 FOIA cost exemption applies to the request
  3. 3 Whether Barnardisation sufficiently anonymises data to permit disclosure

Ratio Decidendi

Disclosure of the requested Covid-19 vaccination and mortality data, even with Barnardisation, would likely lead to re-identification and unsolicited contact with bereaved families, endangering mental health. Section 38(1)(a) FOIA exemption is engaged and outweighs public interest in disclosure. Additionally, section 12 FOIA cost exemption applies due to excessive processing and quality assurance requirements, justifying refusal.

Court Disposition

appeal dismissed