Cases

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

Issue

(1) Whether low cell count statistics (ie. counts of 0,1,2 and numbers less than 10) were personal data within the meaning of the Data Protection Act 1998 because a person could be identified from that data (a) together with data in the hands of DH or (b) together with information publicly available.

(2) Whether the exemption for personal data under s.40(2) FOIA applied.

(3) Whether zero cell counts should be suppressed as they may lead to identification.

(4) Whether s.44 FOIA provided an exemption for disclosure by virtue of the Abortion Regulations 1991 (which prohibit disclosure of abortion information provided mandatorily to the Chief Medical Officer).

Also