Mr Gerry Woodhouse v Information Commissioner: [2026] UKUT 313 (AAC)
Summary
The Upper Tribunal considered whether information held by the Information Commissioner could be withheld under the FOIA absolute exemption where disclosure is prohibited by section 132 of the Data Protection Act 2018. It found that the First-tier Tribunal had not adequately addressed whether parts of the material could be disclosed without revealing protected information, or whether some information had already entered the public domain through council meetings, and remitted the case for reconsideration.
Why it matters
While the case is not about property law directly, it is relevant to surveyors where reports, complaints, or regulatory correspondence may be subject to FOIA or data protection constraints. It highlights the need to understand how public disclosure, meeting minutes, and closed proceedings can affect the handling of sensitive information.
Key points
- The appeal concerned FOIA section 44 and Data Protection Act 2018 section 132.
- The Upper Tribunal found the First-tier Tribunal’s reasoning on public disclosure was inadequate.
- It held that some withheld material may need separate consideration if disclosure would not reveal protected information.
- The tribunal stressed careful handling of arguments arising from closed-material proceedings.
- The case was remitted to a differently constituted First-tier Tribunal.
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