Benjamin Faife v The Information Commissioner

Benjamin Faife v The Information Commissioner

The Tribunal held that the requested information constitutes personal data under the Data Protection Act 2018 and GDPR, and that disclosure would be likely to identify living individuals and breach data protection principles. The Tribunal further found that disclosure would prejudice the prevention or detection of crime and that the public interest in maintaining the exemptions under s.40(2) and s.31(1)(a) FOIA outweighs the public interest in disclosure. Accordingly, HM Land Registry was entitled to refuse the request, and the appeal was dismissed.

Parties
Appellant: Benjamin Faife; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
08 July 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Personal Data, Exemptions Under FOIA, Prevention or Detection of Crime, Disclosure of Public Records
Information Law Data Protection Administrative Law Freedom of Information Personal Data Exemptions Under FOIA Prevention or Detection of Crime Disclosure of Public Records

Case Brief

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Parties

Benjamin Faife

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether HM Land Registry was entitled to refuse disclosure of information under s.40(2) and s.31(1)(a) of the Freedom of Information Act 2000 (FOIA)
  2. 2 Whether the requested information constitutes personal data under the Data Protection Act 2018 and GDPR
  3. 3 Whether disclosure would prejudice the prevention or detection of crime

Ratio Decidendi

The Tribunal held that the requested information constitutes personal data under the Data Protection Act 2018 and GDPR, and that disclosure would be likely to identify living individuals and breach data protection principles. The Tribunal further found that disclosure would prejudice the prevention or detection of crime and that the public interest in maintaining the exemptions under s.40(2) and s.31(1)(a) FOIA outweighs the public interest in disclosure. Accordingly, HM Land Registry was entitled to refuse the request, and the appeal was dismissed.

Court Disposition

Appeal dismissed