Ian Driver v The Information Commissioner

Ian Driver v The Information Commissioner

None of the conditions in Schedule 1, Part 2 DPA 2018 are satisfied for the processing of criminal offence data in this case. Confirmation or denial would breach the first data protection principle and s 40(5B) FOIA applies. Article 10 ECHR does not assist the appellant as it does not confer a right of access to information. The Council is entitled to refuse to confirm or deny whether it holds the requested information.

Parties
Appellant: Ian Driver; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Information Rights Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Personal Data, Criminal Offence Data, FOIA Section 40(5 B), GDPR Article 6(1)(f), DPA 2018 Schedule 1, Journalism and Public Interest, Article 10 ECHR
Data Protection Freedom of Information Human Rights Personal Data Criminal Offence Data FOIA Section 40(5 B) GDPR Article 6(1)(f) DPA 2018 Schedule 1 +2 more

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Parties

Ian Driver

Appellant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Judgment

Legal Issues

  1. 1 Does confirming or denying whether the Council holds information about a councillor's alleged criminal conduct constitute disclosure of personal data relating to criminal convictions and offences?
  2. 2 Does such confirmation or denial meet any of the conditions in Part 2 of Schedule 1 DPA 2018 for lawful processing of criminal offence data?
  3. 3 Does Article 10 ECHR confer a right of access to information in these circumstances?

Ratio Decidendi

None of the conditions in Schedule 1, Part 2 DPA 2018 are satisfied for the processing of criminal offence data in this case. Confirmation or denial would breach the first data protection principle and s 40(5B) FOIA applies. Article 10 ECHR does not assist the appellant as it does not confer a right of access to information. The Council is entitled to refuse to confirm or deny whether it holds the requested information.

Court Disposition

Appeal dismissed