Tribunal dismisses appeal over charity trustee disclosure

Background

The First-tier Tribunal (General Regulatory Chamber) recently dismissed an appeal brought by Rabbi Gabriel Kanter-Webber against the Information Commissioner. The appeal concerned a request for information regarding the trustees of the Campaign Against Antisemitism (CAA), a registered charity. The case was decided on the papers, with the Tribunal delivering its decision on 26 February 2026.

Initial Request and Response

Rabbi Kanter-Webber initially requested the names of past and present trustees of the CAA from the Charity Commission (CC), along with any applications made for regulation 40 exemption from publishing these names. The CC denied the request, citing exemptions under sections 40(2) and 41(1) of the Freedom of Information Act 2000 (FOIA).

Internal Review and Information Commissioner's Decision

Following an internal review, the CC upheld its decision, maintaining that the requested information was exempt from disclosure. Rabbi Kanter-Webber then appealed to the Information Commissioner, who also upheld the CC's decision, stating that the information was exempt under the same FOIA provisions.

Tribunal's Consideration

The Tribunal examined whether the Information Commissioner's decision was in accordance with the law, particularly focusing on the application of section 40(2) regarding personal data and section 41(1) concerning information provided in confidence. The Tribunal agreed with the Commissioner that the information constituted personal data and that its disclosure would contravene data protection principles.

Legitimate Interest and Necessity

The Tribunal acknowledged the legitimate interest in transparency and accountability concerning charity trustees. However, it concluded that the disclosure of trustee names was not necessary to achieve this interest, as alternative methods for raising concerns were available, such as the CC's complaints process.

Confidentiality and Public Interest

The Tribunal also considered the confidentiality of the exemption applications, finding that they were imparted in confidence and not already in the public domain. It determined that maintaining confidentiality was in the public interest, given the potential harm to trustees and the charity if the information were disclosed.

Conclusion

Ultimately, the Tribunal found that the Information Commissioner's decision was legally sound and dismissed the appeal. The ruling underscores the balance between transparency and the protection of personal data within the framework of FOIA.

Learn More

For more information on data protection, see BeCivil's guide to English Data Protection Law.