Rabbi Gabriel Kanter-Webber v The Information Commissioner & Anor

Rabbi Gabriel Kanter-Webber v The Information Commissioner & Anor

A Police Misconduct Panel is a court for the purposes of section 32 FOIA, and the transcript and audio recording of its proceedings are exempt from disclosure under that section. The absolute exemption applies, and it is not necessary to consider the alternative exemptions under sections 31 or 40 FOIA.

Source-derived case information.

Parties
Appellant: Rabbi Gabriel Kanter-Webber; First Respondent: The Information Commissioner; Second Respondent: Hampshire Constabulary
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Information Rights Appeal / Judgment After Oral Hearing
Outcome
appeal dismissed
Legal Topics
Freedom of Information, Court Records Exemption, Police Misconduct, Data Protection
Information Law Administrative Law Freedom of Information Court Records Exemption Police Misconduct Data Protection

Source-derived case record

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Parties

Rabbi Gabriel Kanter-Webber

Appellant

The Information Commissioner

First Respondent

Hampshire Constabulary

Second Respondent

Procedural Posture

Information Rights Appeal / Judgment After Oral Hearing

Legal Issues

  1. 1 Whether a Police Misconduct Panel (PMP) is a 'court' for the purposes of section 32 of the Freedom of Information Act 2000 (FOIA)
  2. 2 Whether the transcript and audio recording of a police misconduct hearing are exempt from disclosure under section 32 FOIA
  3. 3 Whether sections 31 and 40 FOIA apply if section 32 does not

Ratio Decidendi

A Police Misconduct Panel is a court for the purposes of section 32 FOIA, and the transcript and audio recording of its proceedings are exempt from disclosure under that section. The absolute exemption applies, and it is not necessary to consider the alternative exemptions under sections 31 or 40 FOIA.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.