ICO - FS50777458: Difference between revisions

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ICO - FS50777458
ICOLOGO.png
Authority: ICO (UK)
Jurisdiction: United Kingdom
Relevant Law: Article 4(1) GDPR

Article 5(1)(a) GDPR

Article 6(1)(f) GDPR

Section 3(2) DPA

40(2) FOIA

Type: Complaint
Outcome: Upheld
Decided: 7.11.2019
Published: n/a
Fine: none
Parties: Wales Interpretation and Translation Service Vs. anonymous
National Case Number: FS50777458
European Case Law Identifier: n/a
Appeal: n/a
Original Language:

English

Original Source: ICO (EN)

The ICO issued a decision on the necessity of a disclosure of information hold by a public entity to satisfy the legitimate public interests of accountability and transparency.

English Summary

Facts

The complainant requested copies of minutes for the Wales Interpretation and Translation Service for the public sector from the Cardiff Council, which provided him with redacted copies of the minutes. The complainant filled a complaint with the ICO because they wanted to have access the names of the attendees of the minutes.

Dispute

Is it the data personal data? Would the disclosure contravene Article 5(1)(a) GDPR? Is the disclose necessary in order to meet accountability and transparency legitimate interests?

Holding

After having reviewd if the information at stake was personal data and if the disclosure would contravene Articels 5(1)(a) GDPR principle, the ICO assessed whether this disclosure was lawful. The Commissioner went through the three-step test (legitimate interest – necessity - balancing) in order to assess if the conditions of the processing - to disclose - meet the requirements of Article 6(1)(f) GDPR. It found that the disclosure of the names of the attendees was necessary to satisfy the legitimate public interests of accountability and transparency, which outweigh the data subjects’ fundamental rights and freedoms. Thus, it concluded that there was the legal basis of Article 6(1)(f) GDPR for the processing and it required the public authority to provide a copy of the full minutes to the complainant.

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English official version

 to be completed..