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The role of the tribunal
The role of the tribunal
The tribunal’s remit is governed by section 58 FOIA. This requires the tribunal to consider whether the decision made by the Commissioner is in accordance with the law or, where the Commissioner’s decision involved exercising discretion, whether he should have exercised it differently. The Tribunal may receive evidence that was not before the Commissioner and may make different findings of fact from the Commissioner.
- 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