Cases

Department of Health v (1) Information Commissioner (2) Pro Life Alliance

Comment

This decision may have a wide ranging impact on the publication of sensitive personal data under FOIA. Although the Tribunal did conclude that the data was personal data and that zero cell counts should be protected as they may lead to disclosure of personal data, they considered that all of the statistical information had a very high level of abstraction. For the purpose of identification, there was no real distinction between the publication of low cell count numbers and those above counts of 10. This was not withstanding that the ONS Guidance (specialistic and expert statistical guidance) considered that the risk was real and not purely minimal.

Perhaps surprisingly, the Tribunal concluded that Article 8 rights were not engaged and that, if they were, such interference was proportionate and necessary for the prevention of crime (abortion outside the Abortion Act being illegal), for the protection of health and for the protection of the rights and freedoms of others (the right to lobby Parliament and to stimulate informed debate).

Areas of work

Data Protection
Freedom of Information
Human Rights
Privacy and Confidence

Also