Derek Speight v The Information Commissioner & Anor

Derek Speight v The Information Commissioner & Anor

The Tribunal found no risk of identifying any living person from disclosure of the withheld report numbers. The evidence showed that only the original reporter can access the status of their report, and others cannot use report numbers to identify individuals. The exemption under section 40(2) FOIA is not satisfied; the withheld information does not constitute personal data.

Parties
Appellant: Derek Speight; First Respondent: The Information Commissioner; Second Respondent: The Chief Constable of the Sussex Police
Jurisdiction
England and Wales
Judgment Date
06 March 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Freedom of Information Act (foia), Personal Data, Section 40(2) FOIA, Data Protection Act 2018, UK GDPR
Information Rights Data Protection Freedom of Information Act (foia) Personal Data Section 40(2) FOIA Data Protection Act 2018 UK GDPR

Case Brief

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Parties

Derek Speight

Appellant

The Information Commissioner

First Respondent

The Chief Constable of the Sussex Police

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the withheld information constitutes personal data under section 40(2) FOIA
  2. 2 Whether disclosure would contravene data protection principles
  3. 3 Whether individuals can be identified from the withheld information

Ratio Decidendi

The Tribunal found no risk of identifying any living person from disclosure of the withheld report numbers. The evidence showed that only the original reporter can access the status of their report, and others cannot use report numbers to identify individuals. The exemption under section 40(2) FOIA is not satisfied; the withheld information does not constitute personal data.

Court Disposition

Appeal allowed

Orders

  • The Sussex Police must disclose the withheld information to the Appellant within 28 days of the date of this Judgment.