Sean McAteer v The Information Commissioner & Anor

Sean McAteer v The Information Commissioner & Anor

Confirming or denying whether the requested information is held would disclose personal data of identifiable individuals, and is not reasonably necessary for the legitimate interest of preventing fraud or misuse of funds, as less intrusive means exist. The exemption under s 40(5B) FOIA applies and the appeal is dismissed.

Parties
Appellant: Sean McAteer; First Respondent: The Information Commissioner; Second Respondent: The Legal Services Agency Northern Ireland
Jurisdiction
England and Wales
Judgment Date
09 December 2022
Procedural Posture
Information Rights Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Freedom of Information, Personal Data, Public Interest, Legal Aid Fraud
Information Law Data Protection Freedom of Information Personal Data Public Interest Legal Aid Fraud

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Sean McAteer

Appellant

The Information Commissioner

First Respondent

The Legal Services Agency Northern Ireland

Second Respondent

Procedural Posture

Information Rights Appeal / Final Judgment

Legal Issues

  1. 1 Whether confirming or denying the existence of requested information would disclose personal data under s 40(5B) FOIA
  2. 2 Whether the appellant is pursuing a legitimate interest
  3. 3 Whether confirmation or denial is necessary for the legitimate interest

Ratio Decidendi

Confirming or denying whether the requested information is held would disclose personal data of identifiable individuals, and is not reasonably necessary for the legitimate interest of preventing fraud or misuse of funds, as less intrusive means exist. The exemption under s 40(5B) FOIA applies and the appeal is dismissed.

Court Disposition

appeal dismissed