Phil Flanagan v The Information Commissioner & Anor

Phil Flanagan v The Information Commissioner & Anor

Disclosure of the disputed personal data is not reasonably necessary for the legitimate interests pursued by the applicant, as alternative mechanisms exist to address his concerns and the information already provided is sufficient. Therefore, disclosure would be unlawful under Article 6(1)(f) UK GDPR and is exempt under s40(2) FOIA.

Parties
Appellant: Phil Flanagan; First Respondent: The Information Commissioner; Second Respondent: Fermanagh and Omagh District Council
Jurisdiction
England and Wales
Judgment Date
29 July 2025
Procedural Posture
Information Rights Appeal / First Tier Tribunal (general Regulatory Chamber) Final Decision
Outcome
Appeal dismissed
Legal Topics
Personal Data Exemption, Legitimate Interest Test, Disclosure Under FOIA, Conflicts of Interest, Transparency in Public Funding
Freedom of Information Data Protection Personal Data Exemption Legitimate Interest Test Disclosure Under FOIA Conflicts of Interest Transparency in Public Funding

Case Brief

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Parties

Phil Flanagan

Appellant

The Information Commissioner

First Respondent

Fermanagh and Omagh District Council

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Council was entitled to withhold names and details of officers involved in grant assessment under s40(2) FOIA
  2. 2 Whether disclosure of personal data would contravene Article 6(1)(f) UK GDPR
  3. 3 Whether disclosure is necessary for legitimate interests pursued by the applicant

Ratio Decidendi

Disclosure of the disputed personal data is not reasonably necessary for the legitimate interests pursued by the applicant, as alternative mechanisms exist to address his concerns and the information already provided is sufficient. Therefore, disclosure would be unlawful under Article 6(1)(f) UK GDPR and is exempt under s40(2) FOIA.

Court Disposition

Appeal dismissed

Orders

  • The Decision Notice is upheld; the disputed information remains withheld under s40(2) FOIA.