Gabriel Kanter-Webber v The Information Commissioner & Anor

Gabriel Kanter-Webber v The Information Commissioner & Anor

The principle of open justice applies to police misconduct hearings held in public and prevails over privacy rights in the absence of reporting restrictions. There can be no reasonable expectation of privacy for participants in such proceedings. Disclosure of the audio recording is necessary for transparency and scrutiny, and is lawful under Articles 5 and 6 UK GDPR. The Decision Notice erred in law by failing to apply the Supreme Court's authority in Khuja and by misconceiving the balancing test under s.40(2) FOIA.

Parties
Appellant: Gabriel Kanter-Webber; First Respondent: The Information Commissioner; Second Respondent: The Chief Constable, Cambridgeshire Constabulary
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Final Judgment After Rehearing by Fresh Panel
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Personal Data, Open Justice, Police Misconduct, Privacy Rights
Information Law Data Protection Administrative Law Freedom of Information Personal Data Open Justice Police Misconduct Privacy Rights

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Parties

Gabriel Kanter-Webber

Appellant

The Information Commissioner

First Respondent

The Chief Constable, Cambridgeshire Constabulary

Second Respondent

Procedural Posture

Appeal / Final Judgment After Rehearing by Fresh Panel

Legal Issues

  1. 1 Whether disclosure of an audio recording of a police misconduct hearing is exempt under s.40(2) FOIA as personal data
  2. 2 Whether the principle of open justice overrides privacy rights in the context of police misconduct hearings held in public
  3. 3 Whether the Decision Notice erred in law by failing to apply the Supreme Court's judgment in Khuja v Times Newspapers

Ratio Decidendi

The principle of open justice applies to police misconduct hearings held in public and prevails over privacy rights in the absence of reporting restrictions. There can be no reasonable expectation of privacy for participants in such proceedings. Disclosure of the audio recording is necessary for transparency and scrutiny, and is lawful under Articles 5 and 6 UK GDPR. The Decision Notice erred in law by failing to apply the Supreme Court's authority in Khuja and by misconceiving the balancing test under s.40(2) FOIA.

Court Disposition

Appeal allowed

Orders

  • The Chief Constable, Cambridgeshire Constabulary is joined as Second Respondent.
  • The Decision Notice IC-86525-W2N9 is set aside for error of law.