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The Commissioner’s response
The Commissioner’s response
The Commissioner understood the ground of appeal to be that the Commissioner was wrong to decide that the School was not entitled to refuse to confirm or deny whether the requested information was held because the Commissioner did not place enough weight on the impact of the harassment of the headteacher. On that basis he stood by his decision notice.
Evidence
We took account of an open bundle.
- 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