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Discussion and conclusions
Discussion and conclusions
We note that the School has, in the grounds of appeal, confirmed the number of complaints made against the headteacher that were escalated to the headteacher. That is part of the information requested in part 2 of the request, which also requested the number of complaints that were upheld. Those grounds of appeal have, with the School’s consent, been copied to the requestor. The question for us, however, is whether the School was entitled to rely on section 40(5B) to refuse to confirm or deny that it held the requested information at the time of its response to the request.
- Heading
- Introduction
- Factual background to the appeal
- Request, decision notice and appeal
- The response
- The Decision Notice
- Notice of Appeal
- The Commissioner’s response
- Legal framework
- The role of the tribunal
- Issues
- Discussion and conclusions
- Would confirming or denying that the requested information was held constitute the disclosure of a third party’s personal data?
- Is a third party pursuing a legitimate interest or interests?
- Is the confirmation or denial necessary for the purposes of those interests?
- Are the legitimate interests overridden by the interests or fundamental rights and freedoms of the data subject?
- Next steps