City of York Council – Dismissed (United Kingdom, 2020)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
The UK Information Commissioner's Office dismissed a complaint against the City of York Council for not providing details about their staff. The Council argued that sharing this information would violate privacy rules. This decision highlights the balance between transparency and privacy in public information requests.
What happened
The City of York Council refused to provide details about certain staff members, claiming it was personal information.
Who was affected
Individuals requesting information about the Council's Conservation Officers and Flood Risk Management Team.
What the authority found
The ICO found that the Council's refusal to disclose the information was lawful under the Freedom of Information Act, as it involved personal data.
Why this matters
This case underscores the importance of understanding when personal data can be exempt from public disclosure. Public bodies must carefully assess privacy implications when handling information requests.
National Law Articles
The complainant requested the Council provide details of their Conservation Officers and Flood Risk Management Team, including the nature of their employment, salary and professional qualifications. The Commissioner regulates the FOIA and Data Protection Act 2018 (DPA) and so was tasked to consider whether the Council's refusal to supply information requested, which it claimed was personal information and so exempt under Section 40(2) FOIA, was correct application of the law. whether the information requested amounted to personal information and in The ICO had to assess whether the requested information constitutes personal data according to the DPA. Then, if it is personal data, the ICO must establish whether disclosure could be justified. Article 40(2) FOIA provides an exemption against the disclosure of personal information. According to the ICO the information at stake is personal data. The fact that information constitutes the personal data of identifiable living individuals does not automatically exclude it from disclosure under the FOIA. The second element of the test is to determine whether disclosure would contravene any of the data protection principles. In the present case, the most relevant principle is the one protected under Article 5(1)(a) GDPR: "Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject". The Commissioner considers that the most likely applicable lawful bases is the legitimate interest of the controller under Article 6(1)(f) GDPR. In considering the application of Article 6(1)(f) GDPR in the context of a request for information under FOIA it is necessary to consider the three-part test: (i) legitimate interest, (ii) necessity and (iii) balancing of conflicting interests. The Commissioner accepts that the complainant has (i) a legitimate interest in seeing the requested information on the basis of accountability and transparency as well as case specific interests, how
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for City of York Council in UK
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. City of York Council - United Kingdom (2020). Retrieved from cookiefines.eu
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