Des Moore v The Information Commissioner

Des Moore v The Information Commissioner

The Tribunal found that for Part 1, the information was not held by the public authority and the appeal was allowed on that ground. For Part 3, the withheld information constitutes personal and criminal offence data, no Schedule 1 condition for processing is met, and there is no evidence of consent or that the data was made manifestly public by the data subject. Therefore, section 40(2) FOIA applies and the appeal is dismissed for Part 3.

Parties
Appellant: Des Moore; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
06 July 2024
Procedural Posture
FOIA Appeal / First Tier Tribunal Decision
Outcome
Appeal allowed in part and otherwise dismissed
Legal Topics
Freedom of Information, Personal Data, Criminal Offence Data, Police Misconduct, Data Protection Act 2018, UK GDPR
Information Law Data Protection Freedom of Information Personal Data Criminal Offence Data Police Misconduct Data Protection Act 2018 UK GDPR

Case Brief

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Parties

Des Moore

Appellant

The Information Commissioner

Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the public authority holds the requested information under Part 1 of the request
  2. 2 Whether the requested information under Part 3 is exempt from disclosure under section 40(2) FOIA as personal and criminal offence data

Ratio Decidendi

The Tribunal found that for Part 1, the information was not held by the public authority and the appeal was allowed on that ground. For Part 3, the withheld information constitutes personal and criminal offence data, no Schedule 1 condition for processing is met, and there is no evidence of consent or that the data was made manifestly public by the data subject. Therefore, section 40(2) FOIA applies and the appeal is dismissed for Part 3.

Court Disposition

Appeal allowed in part and otherwise dismissed

Orders

  • For Part 1 of the request, the Tribunal allows the appeal and issues a substituted decision notice recording that the information is not held and no action is required by the public authority.
  • For Part 3 of the request, the Tribunal dismisses the appeal.