Cases

Guardian News & Media Ltd v Information Commissioner

Facts

In July 2005, a Guardian journalist made a request under the Freedom of Information Act 2000 (FOIA) for details of disciplinary action taken against judges by the Lord Chancellor since August 1998. The DCA, and later the MoJ (which tooks over the DCA’s functions), contended that the "routine" disclosure of disciplined judges or holders of judicial office, together with disclosure of the specific nature of the complaint would "damage public confidence in the judiciary in a way which would prejudice the effective conduct of public affairs". The MoJ further contended that (i) revelation of personal identities of judges would constitute “personal data” and disclosure would breach the first principle of the Data Protection Act 1998; and (ii) that disclosure would also amount to an unjustified interference with the judges’ private lives. The Information Commissioner upheld the MoJ's decision to withhold the requested information. The Guardian appealed.

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