- Enforcing jurisdiction
- United Kingdom · Geography does not establish applicable law.
- Confirmed applicable legislation
- No confirmed legal basis recorded.
- Privacy topics
Ministry of Defence – Dismissed (United Kingdom, 2019)
Privacy enforcement record
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The UK Information Commissioner's Office dismissed a complaint against the Ministry of Defence for not disclosing a fax cover sheet. The ICO decided that sharing the redacted information would harm the rights of the individuals involved. This ruling highlights the importance of protecting personal information even in public records.
What happened
The Ministry of Defence withheld a fax cover sheet related to a claim for payment after a death in service.
Who was affected
The complainant, who sought access to the document, was affected as it involved personal information about their son.
What the authority found
The ICO ruled that disclosing the redacted information would violate GDPR principles by causing unjustified harm to the individuals involved.
Why this matters
This case shows that public authorities must carefully consider privacy rights when handling information requests. It serves as a reminder for organizations to protect personal data in their records.
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The complainant submitted a request to the Ministry of Defence (MOD) under the UK Freedom of Information Act (FOIA) seeking access to a fax cover sheet sent to the Veterans Welfare Service regarding a claim for payment following the death in service of the complainant’s son. The MOD provided the complainant with a redacted version of the document in question, but sought to withhold the redacted information on the basis of section 40(2) of FOIA, which The complainant challenged the decision before the ICO, in the ICO's capacity under the Freedom of Information Act. Is the information personal data within the meaning of Article 4(1) GDPR? Does a disclosure of personal data under the FOIA fall under Article 6(1)(f) GDPR? The ICO first held, that "the two main elements of personal data are that the information must relate to a living person and that the person must be identifiable." On the "legitimate interest" the ICO applied a three-part test: *Legitimate interest test: Whether a legitimate interest is being pursued in the request for information; *Necessity test: Whether disclosure of the information is necessary to meet the legitimate interest in question; *Balancing test: Whether the above interests override the legitimate interest(s) or fundamental rights and freedoms of the data subject. While balancing legitimate interest in disclosure against data subject’s interest and fundamental rights and freedoms, the Commissioner considered that the public authority would have infringed Articles 5(1)(a) and 6(1)(f) of the GDPR in disclosing this information. It found that the disclosure was not necessary to pursue a legitimate interest and it would have caused unjustified harm to the data subjects. Overall, the interests and rights of the data subjects were likely to override legitimate interest in disclosure. Therefore, the ICO decided that the redacted information is exempt from disclosure on the basis of section 40(2) of FOIA.
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for Ministry of Defence in UK
This is the only recorded action for this entity in this jurisdiction.
Details
Decision Date
1 November 2019
Authority
Information Commissioner's Office
About this data
Cite as: Cookie Fines. Ministry of Defence - United Kingdom (2019). Retrieved from cookiefines.eu
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