Summary of FTT decision’s reasoning when considering whether processing (what it found to be) personal data was necessary for the purposes of the “legitimate interests” pursued by Ms Powell
Summary of FTT decision’s reasoning when considering whether processing (what it found to be) personal data was necessary for the purposes of the “legitimate interests” pursued by Ms Powell
[21] states that IC accepted that Ms Powell was pursuing a legitimate interest; that Ms Powell believed that there was gender pay difference at the Birmingham office and that data published by EHRC for the organisation as a whole supported her view. It quoted the IC decision notice (paragraph 46) as saying that there is a legitimate interest in ensuring that the body responsible for policing the law is itself an exemplar of best practice”. It then stated: “the tribunal accepts that Ms Powell has a legitimate interest in requesting the information”.
[23] states that the issue for the FTT was whether it was necessary that the earnings details in respect of the eight Birmingham office employees be disclosed to the world at large. It states that the FTT agreed with IC that disclosure of this “personal information” was not necessary to pursue the legitimate interest of knowing how EHRC was performing in regard to pay gaps – that interest was covered by the publication of figures in respect of EHRC as a whole.
- Heading
- The appeal is allowed
- Directions
- REASONS FOR THE DECISION
- The exemption in s40(2), first condition
- The above is set out at s40(3A)
- Summary of FTT’s reasoning as regards the requested information being personal data
- and that EHRC had not carried out such an exercise for its Birmingham office, but could in theory do so, as it held the raw data to produce the statistics
- Summary of FTT’s reasoning as regards s16 (duty to provide advice and assistance)
- Summary of FTT decision’s reasoning when considering whether processing (what it found to be) personal data was necessary for the purposes of the “legitimate interests” pursued by Ms Powell
- The grounds on which permission to appeal was given
- Dicta on adequacy of reasons
- Upper Tribunal’s consideration of ground a
- IC’s submissions on ground a
- Conclusions
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