Summary of FTT’s reasoning as regards s16 (duty to provide advice and assistance)
Summary of FTT’s reasoning as regards s16 (duty to provide advice and assistance)
[26] summarises IC’s view that, because the requested information was personal data within s40(2), the assistance that could be given (by EHRC) was limited. It then stated: “The usual types of assistance given is about limiting or re-framing the request so it can be legally complied with. In this case, Ms Powell wants specific information about her colleagues’ pay in comparison to her own. This request was refused but references was made to the location of more general gender pay information for the organisation. This advice and assistance was, in the circumstances, reasonable.”
- 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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