Liam Harron v The Information Commissioner & Anor

Liam Harron v The Information Commissioner & Anor

RMBC is entitled to rely on s.40(5B) FOIA because confirming or denying the existence of the requested information would reveal criminal offence data and contravene data protection principles under GDPR and DPA, as neither consent nor manifestly public disclosure by the data subject was established.

Parties
Appellant: Liam Harron; Respondent: The Information Commissioner; Respondent: Rotherham Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
24 June 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Personal Data, Criminal Offence Data, GDPR Compliance
Information Rights Data Protection Freedom of Information Act Personal Data Criminal Offence Data GDPR Compliance

Case Brief

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Parties

Liam Harron

Appellant

The Information Commissioner

Respondent

Rotherham Metropolitan Borough Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether confirming or denying the existence of requested information would contravene data protection principles under FOIA and GDPR

Ratio Decidendi

RMBC is entitled to rely on s.40(5B) FOIA because confirming or denying the existence of the requested information would reveal criminal offence data and contravene data protection principles under GDPR and DPA, as neither consent nor manifestly public disclosure by the data subject was established.

Court Disposition

Appeal dismissed

Orders

  • RMBC is entitled to rely on s.40(5B) FOIA to refuse to confirm or deny whether it holds the requested information.