Damien Shannon v IC & Cabinet Office (Dismissed : Freedom of Information Act 2000 Human Rights Act 1998) [2019] UKFTT 2018_0149 (GRC) (29 January 2019)
The Tribunal held that the requested information was exempt from disclosure under Section 40 of the FOIA as it constituted personal data and disclosure would contravene data protection principles. The public interest did not outweigh the rights of the data subject.
- Citation
- [2019] UKFTT 2018_0149 (GRC)
- Parties
- Applicant: Damien Shannon; Respondent: Information Commissioner; Respondent: Cabinet Office
- Jurisdiction
- United Kingdom
- Judgment Date
- 29 January 2019
- Procedural Posture
- First Tier Tribunal Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- FOIA Section 1, FOIA Section 40, Human Rights Act 1998
Case Brief
Summary, issues, holding and outcome
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Parties
Damien Shannon
Applicant
Information Commissioner
Respondent
Cabinet Office
Respondent
Procedural Posture
First Tier Tribunal Appeal / Judgment
Legal Issues
- 1 Whether the Cabinet Office was required to disclose the requested information under the Freedom of Information Act 2000
- 2 Whether disclosure would breach data protection principles under Section 40 FOIA
- 3 Whether the Human Rights Act 1998 impacts the disclosure decision
Ratio Decidendi
The Tribunal held that the requested information was exempt from disclosure under Section 40 of the FOIA as it constituted personal data and disclosure would contravene data protection principles. The public interest did not outweigh the rights of the data subject.
Court Disposition
Appeal dismissed
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