There are occasional cases where the Tribunal has overturned the ICO's decision on sensitive personal data and ordered disclosure, eg:
Bryce & IC & Cambridgeshire Constabulary, EA/2009/0083 (see paras 80-85)
Offender's sensitive personal data - put into the public domain by the offender himself in court in seeking to have a charge of murder reduced to one of manslaughter.
Cobain & IC & Crown Prosecution Service, EA/2011/0112 & 0113
Ordered disclosure of some sensitive personal data relating to the 1998 trial and conviction of Nick Griffin for publishing material likely to stir up racial hatred. Griffin had insisted on tapes of his police interviews being played in full to the jury, regardless of their relevance. He had sold extracts of the tapes to raise funds for his defence. He had also gratuitously expanded on his views during the trial. Tribunal held that this material had been deliberately made public by the data subject.
However, it also ordered disclosure on the separate grounds that this was permitted under paragraph 3(1) of the schedule to the Data Protection (Processing of Sensitive Personal Data) Order 2000, because: disclosure was in the substantial public interest (Griffin was an MEP), the information related to the commission of an unlawful act, other seriously improper conduct and arguably his unfitness for public office, the information was sought for the special purposes (the requester was a Guardian journalist) and the disclosure was with a view to the publication of the information.
Maurice Frankel
Campaign for Freedom of Information
Tel: (020) 7831 7477 | www.cfoi.org.uk | http://twitter.com/CampaignFOI
On 6 Feb 2013, at 14:58, Ray Cooke wrote:
> Have any folk on the list come across an example of sensitive personal data being made public under FOI. I am trying to think of an example where DP Sched 2 and 3 conditions would apply to legitimise such a disclosure. Condition 6 for Sched 2 is the usual consideration, but what would a Schedule 3 condition be? More particularly I recollect at one DP session the hypothetical example being given of a circumstance where the prime minister or a senior minister (finger on the nuclear button etc) might have a serious health problem where there would be a public interest in this information being disclosed. Has anyone come across this example and if so can anyone point me to its context?
>
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