Turner v The Information Commissioner & Anor [2023] UKFTT 1063 (GRC) (19 December 2023)

Turner v The Information Commissioner & Anor [2023] UKFTT 1063 (GRC) (19 December 2023)

The Tribunal found that the legitimate interest in public scrutiny of charity trustees administering public funds outweighed any speculative privacy concerns, and that trustees could not reasonably expect confidentiality regarding their public role. No credible evidence of damage or distress was provided, and the...

Source-derived case information.

Citation
[2023] UKFTT 1063 (GRC)
Parties
Appellant: Thomas Turner; First Respondent: The Information Commissioner; Second Respondent: The Charity Commissioner for Northern Ireland
Jurisdiction
United Kingdom
Judgment Date
19 December 2023
Procedural Posture
FOIA Appeal / First Tier Tribunal, Post Decision Notice, Oral Hearing
Outcome
Appeal allowed
Legal Topics
Freedom of Information Act 2000, Personal Data Exemption, Public Interest Disclosure, Charity Trustee Accountability
Information Rights Data Protection Administrative Law Freedom of Information Act 2000 Personal Data Exemption Public Interest Disclosure Charity Trustee Accountability

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Parties

Thomas Turner

Appellant

The Information Commissioner

First Respondent

The Charity Commissioner for Northern Ireland

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal, Post Decision Notice, Oral Hearing

Legal Issues

  1. 1 Whether s 40(2) FOIA exemption for personal data applies to trustee names
  2. 2 Whether legitimate interest in disclosure outweighs privacy rights of former trustees
  3. 3 Whether trustees have a reasonable expectation of privacy after resignation

Ratio Decidendi

The Tribunal found that the legitimate interest in public scrutiny of charity trustees administering public funds outweighed any speculative privacy concerns, and that trustees could not reasonably expect confidentiality regarding their public role. No credible evidence of damage or distress was provided, and the balancing test favored disclosure.

Court Disposition

Appeal allowed

Orders

  • Public authority must disclose to the appellant the information specified in the request dated 25 November 2021 within 35 days of the date of promulgation.
  • Any failure to abide by the tribunal's substituted decision notice may amount to contempt and may be certified to the Upper Tribunal.