Cases

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

Held

Allowing the appeal to an extent but finding that the failure to disclose was in breach of the FOIA:

(1) The disputed information did constitute personal data in the hands of DH pursuant to s. 1(1)(b) of the Data Protection Act following Common Services Agency v Scottish Information Commissioner.

(2) Disclosure would not contravene the Data Protection Principles and consquently the s.40 FOIA exemption did not apply.

(3) Zero cell counts were capable of adding information to the totality of data such as to reveal personal data.

(4) Disclosure would not be in breach of the Abortion Regulations 1991 and therefore the s.44 FOIA exemption did not apply.

Also