Information Commissioner's Office

Summary: The complainant requested the answers volunteered by serving judges in 1998 and those subsequently appointed on the issue of Masonic membership. The public authority applied section 40(2) to this information because it explained that processing the data in this way would not accord with the first data protection principle as it would be unfair. It also explained that it believed this information was sensitive personal data and that there were no relevant schedule 3 conditions. The public authority upheld its position in its internal review. The Commissioner has determined that he does not believe that the information constitutes sensitive personal data. He has found that the disclosure of the information would accord with the first data protection principle and would not contravene any other data protection principles. Section 40(2) was therefore incorrectly applied. He has therefore found breaches of section 1(1)(b) and 10(1). He orders all of the relevant information to be disclosed to the complainant within 35 calendar days. Information Tribunal appeal number EA/2010/0053 has been disposed of by way of a consent order.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 40 - Complaint Upheld