Stephen P Whiteside v Information Commissioner

Stephen P Whiteside v Information Commissioner

The requested Final Certificate constitutes personal data as it relates to identifiable individuals occupying the property. Disclosure is not necessary for the applicant's legitimate interests because alternative, less intrusive remedies exist, and the privacy rights of the data subjects override any interest in disclosure. The Council was entitled to rely on regulation 13(1) EIR to withhold the information.

Parties
Appellant: Stephen P Whiteside; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
07 February 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations, Personal Data, Disclosure of Information, Building Control Certificates, Data Protection Principles
Information Law Data Protection Environmental Law Environmental Information Regulations Personal Data Disclosure of Information Building Control Certificates Data Protection Principles

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 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Stephen P Whiteside

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the requested Final Certificate constitutes personal data under the EIR and GDPR
  2. 2 Whether disclosure of the Final Certificate is necessary for the purposes of legitimate interests under Article 6(1)(f) GDPR
  3. 3 Whether the Council was entitled to rely on regulation 13(1) EIR to withhold the information

Ratio Decidendi

The requested Final Certificate constitutes personal data as it relates to identifiable individuals occupying the property. Disclosure is not necessary for the applicant's legitimate interests because alternative, less intrusive remedies exist, and the privacy rights of the data subjects override any interest in disclosure. The Council was entitled to rely on regulation 13(1) EIR to withhold the information.

Court Disposition

Appeal dismissed