Malachy Rodgers v The Information Commissioner & Anor
HSENI does not hold recorded information responsive to the precise scope of part 8 of the FOIA request; adequate searches were conducted and no evidence exists that Officer A or B asked Officer C to collect CCTV footage or that Officer C declared a conflict of interest.
- Parties
- Appellant: Malachy Rogers; First Respondent: The Information Commissioner; Second Respondent: Health and Safety Executive for Northern Ireland
- Jurisdiction
- England and Wales
- Judgment Date
- 21 August 2025
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Freedom of Information, Disclosure of Recorded Information, Public Authority Duties, Law Enforcement Exemption
Case Brief
Summary, issues, holding and outcome
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Parties
Malachy Rogers
Appellant
The Information Commissioner
First Respondent
Health and Safety Executive for Northern Ireland
Second Respondent
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether HSENI holds recorded information responsive to part 8 of the FOIA request
- 2 Adequacy of HSENI's searches for requested information
- 3 Whether HSENI Officer A or B asked Officer C to collect CCTV footage
Ratio Decidendi
HSENI does not hold recorded information responsive to the precise scope of part 8 of the FOIA request; adequate searches were conducted and no evidence exists that Officer A or B asked Officer C to collect CCTV footage or that Officer C declared a conflict of interest.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
- The Information Commissioner's decision is in accordance with the law.
Full Case Text
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