Roger Bird v The Information Commissioner

Roger Bird v The Information Commissioner

The requested recording is environmental information under EIR. It contains both the appellant’s and third parties’ personal data. The Council is entitled to refuse disclosure under Regulation 5(3) EIR for the appellant’s data and Regulation 13(1) EIR for third party data, as disclosure would contravene the first...

Source-derived case information.

Parties
Appellant: Roger Bird; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
16 March 2023
Procedural Posture
Appeal / First Tier Tribunal Determination on the Papers
Outcome
Appeal allowed
Legal Topics
Environmental Information Regulations, Personal Data, Freedom of Information, Subject Access Request, Disclosure of Information
Information Law Environmental Law Data Protection Environmental Information Regulations Personal Data Freedom of Information Subject Access Request Disclosure of Information

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Parties

Roger Bird

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / First Tier Tribunal Determination on the Papers

Legal Issues

  1. 1 Whether the requested recording is environmental information under EIR
  2. 2 Whether the recording contains personal data of the appellant and third parties
  3. 3 Whether the Council is entitled to refuse disclosure under EIR regulations 5(3) and 13(1)

Ratio Decidendi

The requested recording is environmental information under EIR. It contains both the appellant’s and third parties’ personal data. The Council is entitled to refuse disclosure under Regulation 5(3) EIR for the appellant’s data and Regulation 13(1) EIR for third party data, as disclosure would contravene the first data protection principle. The Commissioner’s Decision Notice was not in accordance with the law because it relied on FOIA instead of EIR.

Court Disposition

Appeal allowed

Orders

  • Decision Notice IC-144995-X0X8 is not in accordance with the law.
  • Hythe and Dibden Parish Council is not required to disclose the requested information.