Thomas Turner v The Information Commissioner & Anor

Thomas Turner v The Information Commissioner & Anor

The Tribunal found that the balance of interests favored disclosure. Trustees of charities administering public funds cannot reasonably expect their names to remain private after resignation, especially within a reasonable period. No credible evidence of harm or distress was presented, and the legitimate public interest in transparency and accountability outweighed speculative privacy concerns.

Parties
Appellant: Thomas Turner; First Respondent: The Information Commissioner; Second Respondent: The Charity Commissioner for Northern Ireland
Jurisdiction
England and Wales
Judgment Date
16 November 2024
Procedural Posture
Appeal / Final Judgment After Oral Hearing
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Personal Data Exemption, Disclosure of Trustee Names, Legitimate Interest Balancing Test
Information Law Data Protection Freedom of Information Personal Data Exemption Disclosure of Trustee Names Legitimate Interest Balancing Test

Case Brief

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Parties

Thomas Turner

Appellant

The Information Commissioner

First Respondent

The Charity Commissioner for Northern Ireland

Second Respondent

Procedural Posture

Appeal / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Whether the Charity Commissioner for Northern Ireland was entitled to withhold the names of former trustees under s 40(2) FOIA
  2. 2 Whether disclosure of trustee names is lawful, fair, and transparent under the legitimate interest test
  3. 3 Whether former trustees have a reasonable expectation of privacy after resignation

Ratio Decidendi

The Tribunal found that the balance of interests favored disclosure. Trustees of charities administering public funds cannot reasonably expect their names to remain private after resignation, especially within a reasonable period. No credible evidence of harm or distress was presented, and the legitimate public interest in transparency and accountability outweighed speculative privacy concerns.

Court Disposition

Appeal allowed

Orders

  • The public authority must disclose to the appellant the information specified in the request dated 25 November 2021 within 35 days of the date of promulgation of this decision.
  • Any failure to abide by the terms of the tribunal's substituted decision notice may amount to contempt which may, on application, be certified to the Upper Tribunal.