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

The Independent agreed that the information sought would inevitably contain information relating to Rishi Sunak and related individuals involved in the exchange of correspondence, and that this information falls within the definition of ‘personal data’ in section 3(2) of the DPA.

The Independent agreed that the data protection principle most relevant in these circumstances is the principle set out in Article 5(1)(a) of the UK GDPR, i.e., that information can only be disclosed pursuant to a request under FOIA if to do so would be lawful, fair and transparent.

The Independent agreed that the lawful basis most applicable in these circumstances is that set out in Article 6(1)(f) of the UK GDPR, i.e., that processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests of fundamental rights and freedoms of the data subject which require protection of personal data.

The Independent agreed and endorsed the Commissioner’s finding that there was a legitimate interest in the public knowing more about the discussions taking place between Rishi Sunak, HMT, and US officials, and that disclosure was necessary to provide greater transparency about the extent to which what is described by HMT as ostensibly a private matter was considered via a publicly resourced channel of communication.