Conway v IC & Mid Sussex District Council [2011) UKFTT EA_2011_0009 (6 June 2011)

Conway v IC & Mid Sussex District Council [2011) UKFTT EA_2011_0009 (6 June 2011)

The Tribunal found that metadata and related information revealing the dates on which photographs were taken should have been disclosed to the appellant, as it fell within the scope of the Environmental Information Regulations 2004. The Tribunal held that the Information Commissioner's language regarding 'relevant' information was appropriate, but the failure to disclose metadata was not justified.

Parties
Appellant: Gerard Conway; Respondent: Information Commissioner; Additional Party: Mid Sussex District Council
Jurisdiction
United Kingdom
Judgment Date
06 June 2011
Procedural Posture
Appeal / First Tier Tribunal Decision
Outcome
Appeal allowed in part
Legal Topics
Environmental Information Regulations 2004, Freedom of Information, Disclosure of Metadata, Planning Law
Information Law Environmental Law Administrative Law Environmental Information Regulations 2004 Freedom of Information Disclosure of Metadata Planning Law

Case Brief

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Parties

Gerard Conway

Appellant

Information Commissioner

Respondent

Mid Sussex District Council

Additional Party

Procedural Posture

Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether metadata relating to the dates of photographs held by the Council should be disclosed under the Environmental Information Regulations 2004
  2. 2 Whether the Information Commissioner should have required more rigorous assurances regarding disclosure of all relevant information

Ratio Decidendi

The Tribunal found that metadata and related information revealing the dates on which photographs were taken should have been disclosed to the appellant, as it fell within the scope of the Environmental Information Regulations 2004. The Tribunal held that the Information Commissioner's language regarding 'relevant' information was appropriate, but the failure to disclose metadata was not justified.

Court Disposition

Appeal allowed in part

Orders

  • Within 35 days, the Council must disclose metadata and related information not already disclosed, revealing all dates on which the photographs at issue were taken.