Regulation does not therefore concern the processing of such anonymous
information, including for statistical or research purposes.”
46. Section 40(2) FOIA provides that:“Any information to which a request for information relates is also exempt
information if
(a) it constitutes personal data which not fall within subsection (1), and
(b)the first, second or third condition below is satisfied.”
47. Section 40(3A)(a) FOIA is the first of these three conditions by which personal
data is exempt if “disclosure of this information to a member of the public
otherwise than under this Act (a) would contravene any of the data protection
principles…”
48. By Section 2(3)(fa) FOIA if the exemption used is in relation to this first
condition it is an absolute exemption.
49. Section 3(4)(d) DPA defines processing as “disclosure by transmission,
dissemination or otherwise making available.” It includes publication pursuant to
a FOIA request.
50. Personal data is defined in section 2 DPA as “any information relating to an
identified or identifiable living individual...” Section 3(3) defines “Identifiable
living individual” as
“...a living individual who can be identified, directly or indirectly, in particular by
reference to (a)an identifier such as a name, an identification number, location
data or an online identifier, or (b) one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity of the
individual.”
51. The Appellant makes a number of submissions on this aspect of section 40(2)
(see GoA from A39) for example that:“If the relevant individual in question is unidentifiable or can be rendered
unidentifiable by suitable redaction then the information in question (after such
redaction) is not personal data.
52. He also said that:“When part of a document constitutes the personal data of a living individual, the
public authority is obliged to apply the minimal redaction that suffices to render
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