Jon Austin v The Information Commissioner

Jon Austin v The Information Commissioner

The requested information constitutes personal data and criminal offence data; there is no lawful basis for its disclosure under FOIA as required by GDPR and DPA 2018; the exemption under s.40(2) FOIA applies and the appeal is dismissed.

Parties
Appellant: Jon Austin; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Judgment on the Papers
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Personal Data, Criminal Offence Data, GDPR, Data Protection Act 2018
Information Rights Data Protection Freedom of Information Personal Data Criminal Offence Data GDPR Data Protection Act 2018

Case Brief

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Parties

Jon Austin

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Judgment on the Papers

Legal Issues

  1. 1 Whether the requested information constitutes personal data under FOIA
  2. 2 Whether disclosure of the information is lawful under GDPR and DPA 2018
  3. 3 Whether the exemption under s.40(2) FOIA applies

Ratio Decidendi

The requested information constitutes personal data and criminal offence data; there is no lawful basis for its disclosure under FOIA as required by GDPR and DPA 2018; the exemption under s.40(2) FOIA applies and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Respondent to provide Appellant with pages B18CB to B23CB and an unredacted version of paragraph [31] of its Response within 28 days of the date on which this Decision is sent to the parties.