Kester Dean v Information Commissioner

Kester Dean v Information Commissioner

The photographs in question are not exempt from disclosure as personal data under the Environmental Information Regulations because any personal data contained therein is already in the public domain as part of the planning process, and disclosure is necessary to evidence compliance with statutory requirements for...

Source-derived case information.

Parties
Appellant: Kester Dean; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Environmental Information Regulations, Freedom of Information, Data Protection, Planning Procedure, Public Participation
Administrative Law Information Law Planning Law Environmental Law Environmental Information Regulations Freedom of Information Data Protection Planning Procedure +1 more

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Parties

Kester Dean

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether photographs of planning notices are exempt from disclosure under the Environmental Information Regulations as personal data
  2. 2 Whether the public interest in disclosure outweighs any privacy rights under GDPR
  3. 3 Whether Shropshire Council complied with statutory requirements for public participation in planning

Ratio Decidendi

The photographs in question are not exempt from disclosure as personal data under the Environmental Information Regulations because any personal data contained therein is already in the public domain as part of the planning process, and disclosure is necessary to evidence compliance with statutory requirements for public participation. The public interest in transparency and upholding participatory rights outweighs any minimal privacy intrusion.

Court Disposition

Appeal allowed

Orders

  • Shropshire Council to disclose all photographs showing the display of planning notices erected by or on behalf of the planning applicant in planning applications 22/00213/FUL and 22/02172/FUL within 30 days.