Christopher McKeon v The Information Commissioner & Anor

Christopher McKeon v The Information Commissioner & Anor

The withheld information amounts to personal data of MPs' staff, and disclosure would contravene data protection principles under GDPR and FOIA. The legitimate interests in transparency and journalism do not outweigh the rights and freedoms of the data subjects. Section 40(2) FOIA exemption is engaged, and there is no error of law in the Commissioner's decision. The appeal is dismissed.

Parties
Appellant: Christopher McKeon; First Respondent: The Information Commissioner; Second Respondent: Independent Parliamentary Standards Authority
Jurisdiction
England and Wales
Judgment Date
24 January 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act 2000, Personal Data, Section 40(2) FOIA Exemption, Section 38(1) FOIA Exemption, GDPR, Data Protection Act 2018
Information Rights Data Protection Administrative Law Freedom of Information Act 2000 Personal Data Section 40(2) FOIA Exemption Section 38(1) FOIA Exemption GDPR +1 more

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Parties

Christopher McKeon

Appellant

The Information Commissioner

First Respondent

Independent Parliamentary Standards Authority

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the requested information is personal data under FOIA and GDPR
  2. 2 Whether disclosure would contravene data protection principles
  3. 3 Whether section 40(2) FOIA exemption applies

Ratio Decidendi

The withheld information amounts to personal data of MPs' staff, and disclosure would contravene data protection principles under GDPR and FOIA. The legitimate interests in transparency and journalism do not outweigh the rights and freedoms of the data subjects. Section 40(2) FOIA exemption is engaged, and there is no error of law in the Commissioner's decision. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.