Thread by @rosenbaum6

Important Upper Tribunal decision relating to common practice of public authorities to withhold exact numbers where they are under 5 - Tribunal rules that NHSBSA was *wrong* to do this & shld release exact figs (via @11kbw): assets.publishing.service.gov.uk/media/6135fb74…

Public bodies replying to FOI requests say they do this to protect personal data. The Tribunal rules the legal issue is a binary test of whether an individual is identifiable from the info, and not to do with "identification risk". In this case NHSBSA wrongly withheld exact figs.

The issue cannot be decided "by reference to a numerical number relating to incidents in the data." ... "The legislation provides that actual identification is necessary in order for data to be personal data."

Judge Jacobs also says in his judgment that he understands that the ICO is likely to issue redrafted guidance on this issue. (This will clearly be needed!)
assets.publishing.service.gov.uk/media/6135fb74…