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The appeal is allowed
The appeal is allowed.
The decision of the First-tier Tribunal under reference EA/2020/0137, promulgated on 16 December 2020, involved the making of an error in point of law.
Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set that decision aside and remit the case to be reconsidered by a panel of the First-tier Tribunal (General Regulatory Chamber) in accordance with the following directions.
- 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