Falkirk Council (DASH Risk Checklist and MARAC Meeting data controllers) [2022] ScotIC 026_2022 (07 March 2022)

Falkirk Council (DASH Risk Checklist and MARAC Meeting data controllers) [2022] ScotIC 026_2022 (07 March 2022)

The Commissioner held that Falkirk Council was entitled to withhold the requested information as its disclosure would contravene data protection principles and was therefore exempt under section 38(1)(b) of FOISA.

Citation
[2022] ScotIC 026_2022
Parties
Data Controller: Falkirk Council
Jurisdiction
Scotland
Judgment Date
07 March 2022
Procedural Posture
Freedom of Information Appeal / Decision of Scottish Information Commissioner
Outcome
Appeal dismissed
Legal Topics
Disclosure of Personal Data, DASH Risk Checklist, MARAC Meeting Data
Data Protection Freedom of Information Disclosure of Personal Data DASH Risk Checklist MARAC Meeting Data

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Parties

Falkirk Council

Data Controller

Procedural Posture

Freedom of Information Appeal / Decision of Scottish Information Commissioner

Legal Issues

  1. 1 Whether Falkirk Council was entitled to withhold information under FOISA exemptions relating to personal data

Ratio Decidendi

The Commissioner held that Falkirk Council was entitled to withhold the requested information as its disclosure would contravene data protection principles and was therefore exempt under section 38(1)(b) of FOISA.

Court Disposition

Appeal dismissed

Orders

  • Falkirk Council entitled to withhold information under section 38(1)(b) of FOISA