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United Kingdom Information Tribunal including the National Security Appeals Panel
You are here: BAILII >> Databases >> United Kingdom Information Tribunal including the National Security Appeals Panel >> Allen v Information Commissioner [2008] UKIT EA_2007_0125 (26 September 2008)
URL: http://www.bailii.org/uk/cases/UKIT/2008/EA_2007_0125.html
Cite as: [2008] UKIT EA_2007_0125, [2008] UKIT EA_2007_125

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Information Tribunal Appeal Number: EA/2007/0125 Information Commissioner’s Ref.: FS50151825
On 24th.September 2008
Decision Promulgated On 26th September 2008
BEFORE
CHAIRMAN
David Farrer
and
LAY MEMBERS
Tony Stoller
and
Andrew Whetnall
Between
WILLIAM ALLEN
Appellant
and
INFORMATION COMMISSIONER
Respondent
1
Appeal Number: EA/2007/0125
Subject matter:                   Disclosure of medical report on a convicted prisoner
Cases:                                       None
Decision

1            Having notified the Appellant in accordance with Rule 10(2) and (3) of The Information Tribunal (Enforcement Appeals ) Rules, 2005, the Tribunal upholds the decision notice dated 12th. November, 2007 and summarily dismisses this appeal by virtue of its powers under Rule 10(1).

2            By this appeal, the appellant sought to overturn the rejection by the Information Commissioner (“the I.C.”) of his complaint that The Public Prosecution Service for Northern Ireland (“the PPS”) had wrongly refused his request for information, namely for psychiatric or other reports on a serving prisoner who had been convicted of murdering a schoolgirl in England but was later acquitted of a broadly similar charge in Northern Ireland. The P.P.S. relied on the exemptions provided by s.30(1)(c ) and 40(2) of FOIA.

3            In paragraph 21 of his Reply the I.C submitted that this appeal must fail because the information requested was “sensitive personal data” for the purposes of the Data Protection Act, 1998 and, faced with the exemption provided by s.40(2) of FOIA, the appellant did not attempt to show how the requirements of any condition under schedules 2 and 3 were met, hence how processing of such data could be fair and lawful. The I.C. invited the Tribunal to strike out the appeal under Rule 9 and dismiss it summarily under Rule 10.

4            Following notification under Rule 10(2) and (3), the Appellant conceded that he could not succeed and indicated that he wished to abandon the appeal.

5           We agree with the I.C.
2
Appeal Number: EA/2007/0125
6            The Notice of Appeal is struck out and the appeal is dismissed.
David Farrer Q.C.
Deputy Chairman                                                                             24th September 2008
3

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URL: http://www.bailii.org/uk/cases/UKIT/2008/EA_2007_0125.html