Stephen Masterman v The Information Commissioner

Stephen Masterman v The Information Commissioner

The Tribunal found that the HMO licence conditions constitute personal data but that the legitimate interests in disclosure, including statutory requirements for publication and public scrutiny, override the data subject's rights. The Information Commissioner erred in law by applying FOIA rather than EIR and wrongfully exercised discretion by prioritising privacy over transparency. The Council must disclose the requested information.

Parties
Appellant: Stephen Masterman; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Freedom of Information Act, Environmental Information Regulations, Personal Data, Public Interest Disclosure, Housing Regulation
Information Rights Data Protection Administrative Law Freedom of Information Act Environmental Information Regulations Personal Data Public Interest Disclosure Housing Regulation

Case Brief

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Parties

Stephen Masterman

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether HMO licence conditions constitute personal data under DPA and UK GDPR
  2. 2 Whether disclosure of HMO licence conditions is required under FOIA or EIR
  3. 3 Whether legitimate interests in disclosure override data subject's rights

Ratio Decidendi

The Tribunal found that the HMO licence conditions constitute personal data but that the legitimate interests in disclosure, including statutory requirements for publication and public scrutiny, override the data subject's rights. The Information Commissioner erred in law by applying FOIA rather than EIR and wrongfully exercised discretion by prioritising privacy over transparency. The Council must disclose the requested information.

Court Disposition

appeal allowed

Orders

  • Council to disclose the requested HMO licence conditions within 35 days of promulgation
  • Information remains confidential under GRC Rule 14 until disclosure or outcome of any appeal