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Would confirming or denying that the requested information was held constitute the disclosure of a third party’s personal data?
Would confirming or denying that the requested information was held constitute the disclosure of a third party’s personal data?
Given the terms of the request, including the fact that the headteacher is named in the request, if the School were to confirm or deny that the requested information was held, it would disclose a third party’s personal data. The fact that at least one complaint has or has not been made against the headteacher is a fact that ‘relates’ to him. It is proximate and relevant to him, focussed on him and is of clear biographical significance to him.
- 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