Sam McBride v Information Commissioner

Sam McBride v Information Commissioner

The Tribunal found that disclosure of all the withheld information is necessary to meet a legitimate interest in accurate public reporting of Assembly proceedings, and that this legitimate interest overrides the data subject's rights and freedoms. Disclosure would not contravene data protection principle (a), and the Assembly was not entitled to rely on section 40(2) FOIA to withhold the information.

Parties
Appellant: Sam McBride; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
06 July 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Personal Data, Parliamentary Privilege, Legitimate Interest Balancing, Disclosure of Public Records
Information Law Data Protection Freedom of Information Personal Data Parliamentary Privilege Legitimate Interest Balancing Disclosure of Public Records

Case Brief

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Parties

Sam McBride

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the withheld information constitutes personal data under s.40(2) FOIA
  2. 2 Whether disclosure of the information would contravene data protection principles under UK GDPR and DPA 2018
  3. 3 Whether the legitimate interest in disclosure outweighs the data subject's rights and freedoms

Ratio Decidendi

The Tribunal found that disclosure of all the withheld information is necessary to meet a legitimate interest in accurate public reporting of Assembly proceedings, and that this legitimate interest overrides the data subject's rights and freedoms. Disclosure would not contravene data protection principle (a), and the Assembly was not entitled to rely on section 40(2) FOIA to withhold the information.

Court Disposition

Appeal allowed

Orders

  • The Assembly is required to disclose to the appellant all the requested information originally withheld within 35 calendar days of the decision.