Information Tribunal dismisses MoD's appeal over disclosure of staff directory | Practical Law

Information Tribunal dismisses MoD's appeal over disclosure of staff directory | Practical Law

The Information Tribunal has dismissed an appeal by the Ministry of Defence (MoD) against the Information Commissioner's decision ordering the disclosure of the staff directory of the Defence Export Services Organisation, part of the MoD, to a journalist. It rejected the MoD's arguments that the directory was exempt from disclosure under, among other provisions, section 40 of the Freedom of Information Act 2000, which exempts personal data where its disclosure would breach the principles set out in the Data Protection Act 1998 (DPA). Although the Tribunal accepted that the information constituted personal data under the DPA, it concerned the staff members' public lives and activities, not their private lives. However, the Tribunal held that the names of junior members of staff should be redacted, as should the telephone numbers and e-mail addresses of all staff, unless they had been disclosed elsewhere. This decision follows the Commissioner's 2005 guidance on access to information about public authorities' employees. Case: Rob Evans and MoD v Information Commissioner, 20 July 2007.

Information Tribunal dismisses MoD's appeal over disclosure of staff directory

Practical Law UK Legal Update 8-375-8910 (Approx. 2 pages)

Information Tribunal dismisses MoD's appeal over disclosure of staff directory

by PLC IPIT & Communications
Law stated as at 20 Jul 2007United Kingdom
The Information Tribunal has dismissed an appeal by the Ministry of Defence (MoD) against the Information Commissioner's decision ordering the disclosure of the staff directory of the Defence Export Services Organisation, part of the MoD, to a journalist. It rejected the MoD's arguments that the directory was exempt from disclosure under, among other provisions, section 40 of the Freedom of Information Act 2000, which exempts personal data where its disclosure would breach the principles set out in the Data Protection Act 1998 (DPA). Although the Tribunal accepted that the information constituted personal data under the DPA, it concerned the staff members' public lives and activities, not their private lives. However, the Tribunal held that the names of junior members of staff should be redacted, as should the telephone numbers and e-mail addresses of all staff, unless they had been disclosed elsewhere. This decision follows the Commissioner's 2005 guidance on access to information about public authorities' employees. Case: Rob Evans and MoD v Information Commissioner, 20 July 2007.