Whyton v Information Commissioner & Anor [2023] UKFTT 518 (GRC) (11 August 2023)

Whyton v Information Commissioner & Anor [2023] UKFTT 518 (GRC) (11 August 2023)

Disclosure of the names and addresses was not reasonably necessary for the Appellant's interests or the public interest, and any such interests were overridden by the data subjects' privacy rights. There was no lawful basis for disclosure under EIR, and STC was entitled to withhold the information under regulation 13(1) EIR.

Citation
[2023] UKFTT 518 (GRC)
Parties
Appellant: Peter Whyton; First Respondent: Information Commissioner; Second Respondent: Sodbury Town Council
Jurisdiction
United Kingdom
Judgment Date
11 August 2023
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Appeal Against Information Commissioner's Decision Notice
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations 2004, Personal Data Disclosure, Freedom of Information, Data Protection Act 2018, General Data Protection Regulation (gdpr)
Information Law Environmental Law Data Protection Environmental Information Regulations 2004 Personal Data Disclosure Freedom of Information Data Protection Act 2018 General Data Protection Regulation (gdpr)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Peter Whyton

Appellant

Information Commissioner

First Respondent

Sodbury Town Council

Second Respondent

Procedural Posture

First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Appeal Against Information Commissioner's Decision Notice

Legal Issues

  1. 1 Whether Sodbury Town Council was entitled to withhold names and addresses of data subjects under regulation 13(1) EIR
  2. 2 Whether disclosure of personal data was lawful under the legitimate interests test in GDPR and DPA 2018
  3. 3 Whether the process under EIR rather than FOIA affected the outcome

Ratio Decidendi

Disclosure of the names and addresses was not reasonably necessary for the Appellant's interests or the public interest, and any such interests were overridden by the data subjects' privacy rights. There was no lawful basis for disclosure under EIR, and STC was entitled to withhold the information under regulation 13(1) EIR.

Court Disposition

Appeal dismissed