Norman Ingle v The Information Commissioner & Anor.

Norman Ingle v The Information Commissioner & Anor.

The requested documents constitute the appellant's personal data under FOIA section 40(1), and the Council was entitled to rely on this exemption regardless of previous reliance on legal professional privilege; estoppel does not apply to statutory exemptions; no procedural unfairness occurred.

Parties
Appellant: Norman Ingle; 1st Respondent: Information Commissioner; 2nd Respondent: Cambridgeshire County Council
Jurisdiction
England and Wales
Judgment Date
28 March 2023
Procedural Posture
Appeal / Upper Tribunal, Administrative Appeals Chamber, Appeal From First Tier Tribunal
Outcome
Appeal dismissed
Legal Topics
FOIA Section 40(1) Exemption, Personal Data Definition, Legal Professional Privilege, Estoppel, Procedural Fairness
Freedom of Information Data Protection FOIA Section 40(1) Exemption Personal Data Definition Legal Professional Privilege Estoppel Procedural Fairness

Case Brief

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Parties

Norman Ingle

Appellant

Information Commissioner

1st Respondent

Cambridgeshire County Council

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal, Administrative Appeals Chamber, Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the requested documents constitute personal data under FOIA section 40(1)
  2. 2 Whether the Council was estopped from relying on FOIA section 40(1) exemption
  3. 3 Whether procedural unfairness occurred due to late change of exemption

Ratio Decidendi

The requested documents constitute the appellant's personal data under FOIA section 40(1), and the Council was entitled to rely on this exemption regardless of previous reliance on legal professional privilege; estoppel does not apply to statutory exemptions; no procedural unfairness occurred.

Court Disposition

Appeal dismissed

Orders

  • The decision of the First-tier Tribunal dated 21 May 2022 is upheld.
  • No error of law found.