Jeffrey Dudgeon v The Information Commissioner & Anor

Jeffrey Dudgeon v The Information Commissioner & Anor

The Report contained personal data and special category data of individuals other than the applicant, and disclosure would contravene data protection principles; thus, section 40(2) FOIA applied and the Report could be withheld. The Terms of Reference were exempt under section 31(1)(g) FOIA as disclosure would likely prejudice the Cabinet Office's investigative functions, and the public interest in maintaining the exemption outweighed the interest in disclosure. The FCDO breached section 17(1) FOIA by failing to respond within the statutory time limit.

Parties
Appellant: Jeffrey Dudgeon; First Respondent: The Information Commissioner; Second Respondent: The Foreign, Commonwealth and Development Office
Jurisdiction
England and Wales
Judgment Date
28 July 2025
Procedural Posture
Appeal / Final Judgment After Full Merits Review
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Personal Data, Exemptions to Disclosure, Public Interest Test, Ministerial Accountability
Administrative Law Information Rights Data Protection Freedom of Information Personal Data Exemptions to Disclosure Public Interest Test Ministerial Accountability

Case Brief

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Parties

Jeffrey Dudgeon

Appellant

The Information Commissioner

First Respondent

The Foreign, Commonwealth and Development Office

Second Respondent

Procedural Posture

Appeal / Final Judgment After Full Merits Review

Legal Issues

  1. 1 Whether the FCDO was entitled to withhold the Report under section 40(2) FOIA (personal data exemption)
  2. 2 Whether the FCDO was entitled to withhold the Terms of Reference under section 31(1)(g) FOIA (law enforcement exemption)
  3. 3 Whether the FCDO breached section 17(1) FOIA (failure to respond within statutory time)

Ratio Decidendi

The Report contained personal data and special category data of individuals other than the applicant, and disclosure would contravene data protection principles; thus, section 40(2) FOIA applied and the Report could be withheld. The Terms of Reference were exempt under section 31(1)(g) FOIA as disclosure would likely prejudice the Cabinet Office's investigative functions, and the public interest in maintaining the exemption outweighed the interest in disclosure. The FCDO breached section 17(1) FOIA by failing to respond within the statutory time limit.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The FCDO is entitled to withhold the Report under section 40(2) FOIA and the Terms of Reference under section 31(1)(g) FOIA. The FCDO breached section 17(1) FOIA for late response.