Hussain vs The Information Commissioner

This case concerned an appeal by Mr. Shajad Hussain against the Information Commissioner's decision to uphold a public authority's refusal to disclose certain information under the Freedom of Information Act 2000 (FOIA).

TLDR:

• Mr. Hussain requested information about former social workers from the City of Bradford Metropolitan District Council.
• The Council refused, citing FOIA section 40(2) exemption for personal data.
• The Information Commissioner upheld the Council's decision.
• Mr. Hussain appealed to the First-tier Tribunal.
• The Tribunal dismissed the appeal, agreeing with the Information Commissioner's application of the exemption.

Mr. Shajad Hussain requested the names, registration numbers, and dates of last employment of social workers no longer employed by the City of Bradford Metropolitan District Council. The Council refused to disclose this information, citing the exemption in section 40(2) of the FOIA, which pertains to third-party personal data.

Mr. Hussain challenged the Council's decision, arguing that the requested information was not personal data and that the Council's reliance on section 40(2) was excessive. The Information Commissioner reviewed the case and upheld the Council's decision, concluding that the information requested was indeed personal data and that its disclosure would breach data protection principles.

Mr. Hussain then appealed to the First-tier Tribunal. He argued that the social workers, as public officials, should not have an expectation of privacy regarding their employment details. He also contended that the information was necessary to ensure transparency and accountability in public sector employment.

The Tribunal reviewed the case and agreed with the Information Commissioner's decision. The Tribunal found that the requested information was personal data as defined by the Data Protection Act 2018 and that its disclosure would contravene the data protection principles set out in the UK General Data Protection Regulation (UK GDPR).

The Tribunal considered the legitimate interest in ensuring that social workers were registered and qualified but concluded that this interest did not outweigh the rights and freedoms of the individuals concerned. The Tribunal also noted that there were alternative, less intrusive means of achieving the legitimate aim, such as checking the Social Work England register.

In conclusion, the Tribunal dismissed Mr. Hussain's appeal, upholding the Information Commissioner's decision that the Council was entitled to rely on the section 40(2) exemption to refuse the FOIA request.

Legal representatives: Mr. Shajad Hussain represented himself with assistance from Dr. Reuben Kirkham.

Judicial Panel: Tribunal Judge A. Marks CBE, Tribunal Member Dr. P. Mann, Tribunal Member S. Wolf.

Case Citation Reference: [2024] UKFTT 451 (GRC)