Stephen Gibbons v Information Commissioner

Stephen Gibbons v Information Commissioner

The Tribunal found that The National Archives was entitled to rely on sections 21(1), 38(1)(a), and 40(2) FOIA to withhold the majority of the requested information, as some information was already accessible, some contained personal data or special category data, and some would likely endanger the mental health of surviving relatives. However, certain documents not covered by exemptions or requiring only minimal redaction must be disclosed.

Parties
Appellant: Stephen Gibbons; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Appeal / First Tier Tribunal (general Regulatory Chamber) Decision on Information Rights Appeal
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information, Personal Data, Health and Safety Exemptions, Public Interest Test
Information Law Data Protection Law Administrative Law Freedom of Information Personal Data Health and Safety Exemptions Public Interest Test

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Parties

Stephen Gibbons

Appellant

Information Commissioner

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether The National Archives was entitled to withhold information under sections 21(1), 38(1)(a), and 40(2) of the Freedom of Information Act 2000 (FOIA)
  2. 2 Whether some or all of the requested information was already in the public domain
  3. 3 Whether disclosure would endanger the mental health of surviving relatives

Ratio Decidendi

The Tribunal found that The National Archives was entitled to rely on sections 21(1), 38(1)(a), and 40(2) FOIA to withhold the majority of the requested information, as some information was already accessible, some contained personal data or special category data, and some would likely endanger the mental health of surviving relatives. However, certain documents not covered by exemptions or requiring only minimal redaction must be disclosed.

Court Disposition

Appeal allowed in part

Orders

  • The National Archives to disclose specified documents (A14CB, A15CB, A16CB, A17CB with redaction, A18CB, A19CB, A21CB with redaction, A23CB, A24CB, A25CB with redaction, A26CB, A27CB with redaction, A28CB, A117-118CB, A122-123CB) within 35 days of the decision.
  • Failure to comply may result in certification to the Upper Tribunal and may be dealt with as contempt of court.