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The above is set out at s40(3A)
The above is set out at s40(3A).
Grounds on which permission to appeal was given, and their context
Following a hearing on 25 October 2022 (attended by Ms Powell; IC was not represented), I gave permission to appeal on grounds limited to certain arguable errors of law in the FTT decision. To put these in context, I now summarise the FTT decision’s reasoning in the passages that feature in the grounds on which permission to appeal was given.
- 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