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

HMT submitted that no appeal grounds are formulated by reference to the personal data of anyone other than Mr Sunak. As such, the Commissioner is justified in concluding that “personal data rights of those other than Mr Sunak outweigh interests in disclosure for the reasons given in the DN”.

HMT submitted that it is well-established that there is no material difference between the ‘overriding interests’ test and that concerning qualified exemptions.

HMT said that the reasonable expectation of privacy of the individuals concerned was a relevant factor and an appropriate consideration, in the presence of personal data which concerned personal matters (including Mr Sunak’s green card, which was not held in an official capacity). There is no evidence that any particular or undue weight was placed on this factor.

HMT said that the decision was not internally inconstant, by recognising the dual aspects of the discussions in this case (discussion by public officials of a private right to travel/live in the United States).

HMT submitted that the existence and content of Lord Geidt’s report was relevant to (i) the balancing of the interests at play and (ii) the assessment of necessity of disclosure, i.e. whether there were alternative means of obtaining the information requested.