Janna Linde v The Information Commissioner & Anor

Janna Linde v The Information Commissioner & Anor

Requests A5 and B5 did not engage the FOIA s40(2) exemption as disclosure would not reveal personal data; Requests B4 and B7 did engage the exemption as disclosure would identify individuals and was not necessary or lawful under the data protection regime.

Parties
Appellant: Janna Linde; First Respondent: The Information Commissioner; Second Respondent: Governing Body of the University of East London
Jurisdiction
England and Wales
Judgment Date
12 September 2024
Procedural Posture
Information Rights Appeal / Appeal Determination After Hearing
Outcome
Appeal allowed in part, otherwise dismissed
Legal Topics
Freedom of Information, Personal Data, Data Protection Act 2018, GDPR, FOIA S40(2) Exemption
Information Law Data Protection Freedom of Information Personal Data Data Protection Act 2018 GDPR FOIA S40(2) Exemption

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Janna Linde

Appellant

The Information Commissioner

First Respondent

Governing Body of the University of East London

Second Respondent

Procedural Posture

Information Rights Appeal / Appeal Determination After Hearing

Legal Issues

  1. 1 Whether the requested information constitutes third party personal data under FOIA s40(2)
  2. 2 Whether disclosure of the information is necessary and lawful under the data protection regime
  3. 3 Whether the University properly applied the FOIA s40(2) exemption

Ratio Decidendi

Requests A5 and B5 did not engage the FOIA s40(2) exemption as disclosure would not reveal personal data; Requests B4 and B7 did engage the exemption as disclosure would identify individuals and was not necessary or lawful under the data protection regime.

Court Disposition

Appeal allowed in part, otherwise dismissed

Orders

  • Second Respondent to disclose information sought by Requests A5 and B5 to the Appellant within 28 days
  • No disclosure required for Requests B4 and B7