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Introduction
Introduction
This is an appeal against the Commissioner’s decision notice IC-339660-G0Y1 of 12 February 2025 which held that Pensby High School (the School) was not entitled to rely on s 40(5B) of the Freedom of Information Act 2000 (FOIA) to refuse to confirm or deny whether it held the requested information.
- 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