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The exemption in s40(2), first condition
The exemption in s40(2), first condition
Under s40(2), any information to which a request for information relates is exempt information if
it constitutes personal data which does not fall within s40(1) (personal information of which the applicant is the data subject); and
the first, second or third condition is satisfied.
The “first” condition is that disclosure of the information to a member of the public otherwise than under the Freedom of Information Act 2000
would contravene any of the data protection principles, or
would do so if the exemptions in s24(1) of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded
- 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