Heading

Information Rights
Decided without a hearing
Before
TRIBUNAL JUDGE BUCKLEY
TRIBUNAL MEMBER ANNE CHAFER
TRIBUNAL MEMBER PIETER DE WAAL
Between
PENSBY HIGH SCHOOL
Appellant
and
THE INFORMATION COMMISSIONER
Respondent
Decision:
1. The appeal is dismissed.
2. Pensby High School shall:
a. comply with its duties under section 1(1) of the Freedom of Information Act 2000 (FOIA) in relation to part 2 of the request by issuing a fresh response under section 1(1)(a) FOIA that confirms or denies that the requested information is held and, if the information is held, disclosing it or providing a refusal notice in accordance with section 17(1) FOIA (not relying on section 40(5)(B)) if it claims that any of the requested information is exempt from disclosure by virtue of any provision;
or, alternatively
b. provide a notice under section 17(5) FOIA if it intends to maintain that it is not obliged to comply with the request because the request is vexatious.
REASONS
- 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
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