Richard and Jane Burton v The Information Commissioner

Richard and Jane Burton v The Information Commissioner

The Tribunal does not have jurisdiction to determine appeals relating to the Information Commissioner's decisions under s132 DPA, as no statutory gateway exists for such appeals. None of the exceptions in s132(2) DPA apply on the facts, and s44 FOIA imposes an absolute prohibition on disclosure.

Parties
Appellants: Richard and Jane Burton; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Information Rights Appeal / Strike Out Application Determination
Outcome
appeal struck out for want of jurisdiction
Legal Topics
Freedom of Information, Confidentiality of Information, Jurisdiction, Public Interest Disclosure
Information Law Data Protection Freedom of Information Confidentiality of Information Jurisdiction Public Interest Disclosure

Case Brief

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Parties

Richard and Jane Burton

Appellants

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Strike Out Application Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear an appeal regarding the Information Commissioner's refusal to disclose information under s44 FOIA and s132 DPA
  2. 2 Whether any exceptions to the prohibition on disclosure under s132(2) DPA apply
  3. 3 Whether the public interest or contemplated civil proceedings justify disclosure

Ratio Decidendi

The Tribunal does not have jurisdiction to determine appeals relating to the Information Commissioner's decisions under s132 DPA, as no statutory gateway exists for such appeals. None of the exceptions in s132(2) DPA apply on the facts, and s44 FOIA imposes an absolute prohibition on disclosure.

Court Disposition

appeal struck out for want of jurisdiction

Orders

  • The appeal is struck out pursuant to Rule 8(2)(a) as the Tribunal does not have jurisdiction.
  • The Respondent's strike-out application dated 7 April 2023 is allowed.