Omar Stephens v IC & Crown Prosecution Service (Freedom of Information Act 2000) [2011] UKFTT EA_2010_0193 (GRC) (1 June 2011)

Omar Stephens v IC & Crown Prosecution Service (Freedom of Information Act 2000) [2011] UKFTT EA_2010_0193 (GRC) (1 June 2011)

The Information Commissioner's decision notice was not in accordance with the law because it wrongly concluded that all requested information was the appellant's personal data and failed to properly assess which exemptions applied to which information. The CPS did not comply fully with section 17 FOIA by failing to...

Source-derived case information.

Citation
[2011] UKFTT EA_2010_0193 (GRC)
Parties
Appellant: Omar Stephens; Respondent: Information Commissioner; Respondent: Crown Prosecution Service
Jurisdiction
United Kingdom
Judgment Date
01 June 2011
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed; decision notice set aside; substituted decision notice issued
Legal Topics
Freedom of Information Act 2000, Data Protection Act 1998, Personal Data, Legal Professional Privilege, Public Authority Investigations, Procedural Requirements Under FOIA
Information Rights Data Protection Administrative Law Freedom of Information Act 2000 Data Protection Act 1998 Personal Data Legal Professional Privilege Public Authority Investigations +1 more

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Parties

Omar Stephens

Appellant

Information Commissioner

Respondent

Crown Prosecution Service

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the information requested by the appellant constitutes his personal data under section 40(1) of the Freedom of Information Act 2000
  2. 2 Whether the public authority complied with section 17 of the Freedom of Information Act 2000 in refusing the request
  3. 3 Whether the Information Commissioner's decision notice was in accordance with the law

Ratio Decidendi

The Information Commissioner's decision notice was not in accordance with the law because it wrongly concluded that all requested information was the appellant's personal data and failed to properly assess which exemptions applied to which information. The CPS did not comply fully with section 17 FOIA by failing to specify exemptions in relation to particular information.

Court Disposition

appeal allowed; decision notice set aside; substituted decision notice issued

Orders

  • CPS must carry out a fresh consideration of the appellant's request.
  • CPS must supply any information properly to be supplied which has not already been.