Edward Williams v The Information Commissioner & Anor

Edward Williams v The Information Commissioner & Anor

The Tribunal found that disclosure of any of the requested information would create a high risk of mosaic identification of participants in the Desistance and Disengagement Programme, which would adversely affect national security, prejudice the effective conduct of public affairs, and constitute disclosure of personal data contrary to data protection principles. The public interest in maintaining the exemptions under s.24(1), s.36(2)(c), and s.40(2) of FOIA outweighed the public interest in disclosure. The appeal was therefore dismissed.

Parties
Appellant: Edward Williams; First Respondent: The Information Commissioner; Second Respondent: The Home Office
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Freedom of Information Act Appeal / First Tier Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
FOIA Exemptions, Personal Data, National Security, Public Interest Balancing, Mosaic Identification, Disclosure of Government Programme Data
Information Rights Data Protection National Security FOIA Exemptions Personal Data Public Interest Balancing Mosaic Identification Disclosure of Government Programme Data

Case Brief

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Parties

Edward Williams

Appellant

The Information Commissioner

First Respondent

The Home Office

Second Respondent

Procedural Posture

Freedom of Information Act Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the requested information is exempt from disclosure under s.24(1) (national security), s.36(2)(c) (prejudice to public affairs), and s.40(2) (personal data) of FOIA
  2. 2 Whether the public interest in maintaining the exemptions outweighs the public interest in disclosure
  3. 3 Whether the requested information constitutes personal data and/or special category data under the Data Protection Act 2018

Ratio Decidendi

The Tribunal found that disclosure of any of the requested information would create a high risk of mosaic identification of participants in the Desistance and Disengagement Programme, which would adversely affect national security, prejudice the effective conduct of public affairs, and constitute disclosure of personal data contrary to data protection principles. The public interest in maintaining the exemptions under s.24(1), s.36(2)(c), and s.40(2) of FOIA outweighed the public interest in disclosure. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • The Decision Notice is upheld and treated as being in accordance with the law.