John Smart v The Information Commissioner

Disclosure of the disputed information is not necessary for the legitimate interests pursued by the appellant; section 40(2) FOIA applies as an absolute exemption, precluding disclosure.

Parties: Appellant: John Smart; Respondent: The Information Commissioner
Jurisdiction: England and Wales
Judgment Date: 06 November 2025
Procedural Posture: Appeal / Final Judgment
Outcome: Appeal dismissed
Legal Topics: Freedom of Information Act, Personal Data Exemption, Legitimate Interests Test

Information Rights Data Protection Freedom of Information Act Personal Data Exemption Legitimate Interests Test

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Parties

John Smart

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 Whether section 40(2) FOIA exempts disclosure of requested staff roles as personal data
2 Whether disclosure is necessary under the Legitimate Interests Test

Ratio Decidendi

Disclosure of the disputed information is not necessary for the legitimate interests pursued by the appellant; section 40(2) FOIA applies as an absolute exemption, precluding disclosure.

Court Disposition

Appeal dismissed