Jeffery Leeks v The Information Commissioner & Anor

Jeffery Leeks v The Information Commissioner & Anor

The requested information, due to the small team size, could allow identification of individuals' sexual orientation, making it special category personal data. There was no lawful basis for disclosure, and section 40(2) FOIA provides an absolute exemption. The appeal was dismissed as there was no error of law in the Commissioner's decision.

Parties
Appellant: Mr. Jeffery Leeks; First Respondent: The Information Commissioner; Second Respondent: Financial Ombudsman Service
Jurisdiction
England and Wales
Judgment Date
16 March 2023
Procedural Posture
FOIA Appeal / First Tier Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Freedom of Information Act, Personal Data, Special Category Data, Statistical Data Disclosure, Public Authority Obligations
Information Rights Data Protection Freedom of Information Act Personal Data Special Category Data Statistical Data Disclosure Public Authority Obligations

Case Brief

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Parties

Mr. Jeffery Leeks

Appellant

The Information Commissioner

First Respondent

Financial Ombudsman Service

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the requested statistical data constitutes personal data under FOIA and DPA 2018
  2. 2 Whether disclosure would breach data protection principles
  3. 3 Whether the exemption under section 40(2) FOIA applies

Ratio Decidendi

The requested information, due to the small team size, could allow identification of individuals' sexual orientation, making it special category personal data. There was no lawful basis for disclosure, and section 40(2) FOIA provides an absolute exemption. The appeal was dismissed as there was no error of law in the Commissioner's decision.

Court Disposition

appeal dismissed