Noel Titheradge v The Information Commissioner & Anor.

Noel Titheradge v The Information Commissioner & Anor.

The requested BWV footage is personal data of PC Anderson. Disclosure is not reasonably necessary for the legitimate interests identified, as the footage adds minimal, if any, value beyond the detailed descriptions already public. There is no lawful basis for processing under Article 6(1)(f) UK GDPR. The British Transport Police was entitled to withhold the footage under section 40(2) FOIA.

Parties
Appellant: Noel Titheradge; First Respondent: The Information Commissioner; Second Respondent: British Transport Police
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Information Rights Appeal / First Tier Tribunal (general Regulatory Chamber) Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Personal Data, Criminal Offence Data, Journalism Exception, Police Misconduct
Information Law Data Protection Freedom of Information Personal Data Criminal Offence Data Journalism Exception Police Misconduct

Case Brief

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Parties

Noel Titheradge

Appellant

The Information Commissioner

First Respondent

British Transport Police

Second Respondent

Procedural Posture

Information Rights Appeal / First Tier Tribunal (general Regulatory Chamber) Judgment

Legal Issues

  1. 1 Whether the requested BWV footage is personal data under section 40(2) FOIA
  2. 2 Whether disclosure is necessary for legitimate interests under Article 6(1)(f) UK GDPR
  3. 3 Whether the footage contains criminal offence data

Ratio Decidendi

The requested BWV footage is personal data of PC Anderson. Disclosure is not reasonably necessary for the legitimate interests identified, as the footage adds minimal, if any, value beyond the detailed descriptions already public. There is no lawful basis for processing under Article 6(1)(f) UK GDPR. The British Transport Police was entitled to withhold the footage under section 40(2) FOIA.

Court Disposition

Appeal dismissed