First-tier Tribunal (General Regulatory Chamber)

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

Fecha: 30-Jul-2024

Heading

Case Reference: EA-2023-0405

Neutral Citation Number: [2024] UKFTT 00700 (GRC)

First-tier Tribunal

(General Regulatory Chamber)

Information Rights

Decided without a hearing

Decision given on: 30 July 2024

Before

JUDGE BUCKLEY

MEMBER SUSAN WOLF

MEMBER DAVE SIVERS

Between

INDEPENDENT DIGITAL NEWS AND MEDIA LIMITED

Appellant

and

(1) THE INFORMATION COMMISSIONER

(2) HM TREASURY

Respondents

Decision: The appeal is allowed.

Substituted Decision Notice

Organisation: HM Treasury.

Complainant: Independent Digital News and Media.

The Substitute Decision – IC-190608-N3Q9

1. For the reasons set out below:

a. The public authority was entitled to rely on section 40(2) of the Freedom of Information Act 2000 (FOIA) to withhold the following information:

i. Telephone numbers and email addresses.

ii. The names of the individuals identified in paragraph 4 of the closed annex.

iii. The text set out in paragraphs 15 and 16 of the closed annex.

b. The public authority was not entitled to rely on section 40(2) FOIA to withhold the following information:

i. The names and job titles of the individuals identified in paragraph 1 of the closed annex

ii. The personal data of Rishi Sunak other than that set out in paragraphs 15 and 16 of the closed annex.

c. The public authority was entitled to rely on section 27 FOIA to withhold the information highlighted in pink on pages A18 and A19 of the closed bundle.

d. The public authority was not entitled to rely on section 27 to withhold the information set out in paragraphs 13.1 and 13.2 of the closed annex.

2. The public authority must disclose the following information within 35 days of this decision being sent to the parties:

i. The names and job titles of the individuals identified in paragraph 1 of the closed annex

ii. The personal data of Rishi Sunak other than that set out in paragraphs 15 and 16 of the closed annex.

iii. The information set out in paragraphs 13.1 and 13.2 of the closed annex.

3. Any failure to abide by the terms of the tribunal’s substituted decision notice may amount to contempt which may, on application, be certified to the Upper Tribunal.

REASONS