ICO - FS50839431: Difference between revisions
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Revision as of 10:55, 15 January 2020
| ICO - FS50839431 | |
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| Authority: | ICO (UK) |
| Jurisdiction: | United Kingdom |
| Relevant Law: | Article 4(1) GDPR |
| Type: | Complaint |
| Outcome: | Rejected |
| Decided: | 1.11.2019 |
| Published: | n/a |
| Fine: | None |
| Parties: | University of Leicester Vs. anonymous |
| National Case Number: | FS50839431 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language: |
English |
| Original Source: | ICO (EN) |
The ICO issued a decisions regarding refusal to access to third party personal data.
English Summary
Facts
As reminded by yhe ICO itslef, "the complainant has requested information from University of Leicester about external examiners for the department of engineering between the years 2010 to 2018. The University withheld the information, citing section 40(2) (personal information) of the FOIA. "
The complainant challenged the decision before the ICO.
Dispute
Is the information personal data? Would a disclosure contravene GDPR principles? What are the legitimate interests at stake?
Is disclosure necessary?
Holding
While balancing legitimate interest in disclosure against data subject’s interest and fundamental rights and freedoms, the Commissioner considered that the public authority would have infringed Articles 5(1)(a) and 6(1)(f) of the GDPR in disclosing this information. It found that the disclosure was not necessary to pursue a legitimate interest and it would have caused unjustified harm to the data subjects. Overall, the interests and rights of the data subjects were likely to override legitimate interest in disclosure. In conclusion, the ICO decision decided that the University was entitled to rely on the exemption at section 40(2) FOIA.
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English official version
to be completed..
