Faisal A Qureshi v The Information Commissioner & Anor

Faisal A Qureshi v The Information Commissioner & Anor

The Tribunal found that the public interest in maintaining the exemption under section 38(1) FOIA outweighed the public interest in disclosure, due to the risk of endangering the mental health of surviving relatives and involved parties. Disclosure of personal data under section 40(2) FOIA was not necessary for the appellant's legitimate interest and would be overridden by the rights and freedoms of data subjects. The Decision Notice was in accordance with the law and properly exercised discretion.

Parties
Appellant: Faisal A Qureshi; 1st Respondent: The Information Commissioner; 2nd Respondent: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
03 December 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
FOIA Exemptions, Public Interest Balance Test, Personal Data, Disclosure of Criminal Case Files
Information Rights Data Protection Freedom of Information FOIA Exemptions Public Interest Balance Test Personal Data Disclosure of Criminal Case Files

Case Brief

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Parties

Faisal A Qureshi

Appellant

The Information Commissioner

1st Respondent

The Crown Prosecution Service

2nd Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the public interest in disclosure outweighs the exemption under section 38(1) FOIA
  2. 2 Whether disclosure of personal data is necessary and lawful under section 40(2) FOIA
  3. 3 Whether further redactions could enable lawful disclosure without endangering mental health or breaching data protection

Ratio Decidendi

The Tribunal found that the public interest in maintaining the exemption under section 38(1) FOIA outweighed the public interest in disclosure, due to the risk of endangering the mental health of surviving relatives and involved parties. Disclosure of personal data under section 40(2) FOIA was not necessary for the appellant's legitimate interest and would be overridden by the rights and freedoms of data subjects. The Decision Notice was in accordance with the law and properly exercised discretion.

Court Disposition

Appeal dismissed

Orders

  • No further disclosure required
  • Decision Notice upheld