Fryers and Hogg v Secretary of State for Northern Ireland: [2024] UKUT 48 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Madam Justice McBride, Mr Justice Lane and Judge Stockman on 30 January 2024.

Read the full decision in UA-2018-000662-GINS & UA-2018-000663-GINS .

Judicial Summary

Subject access requests under Data Protection Act (DPA) 1998 s.7 for records relating to internment of two individuals in Northern Ireland in early 1970s – National security certificates issued by Secretary of State under DPA 1998, s.28(2) – Appeal to Upper Tribunal under s.28(4) – Whether Minister had reasonable grounds for issuing certificates, applying JR principles (s.28(5)) – Challenge based on alleged mistake of fact, irrationality arising from failure to take account of previous disclosure of unredacted internment records in other cases, irrationality from lack of consequences from prior disclosures and irrationality arising from release of other internment files – Appeals dismissed

Published 8 March 2024