EA-2023-0405 - [2024] UKFTT 00700 (GRC)

It is submitted that the Commissioner did not draw a clear distinction between the interests or fundamental rights and freedoms of Rishi Sunak and those of other data subjects. In any event, the relevance of the distinction is not entirely understood given that section 40(2) is an absolute exemption. The appellant submitted that if personal data of any of those data subjects contained in the information sought was found to satisfy all the stages of the exemption such that their rights and freedoms overrode the legitimate interest and necessity of disclosure, then the public authority would be absolutely exempt from disclosing the information requested.