whether national security would be harmed by individual requests and that he
had no reasonable grounds for issuing such a certificate: see [2001] UKHRR
1275 ("the Baker Information Tribunal Decision").
6. The Secretary of State signed a fresh certificate on 10 December 2001. On 20
December 2001 the Complainant wrote to the Treasury Solicitor seeking a reconsideration of his request for information about relevant data held on him. On 9
April 2002 the Respondent made a disclosure of certain relevant data to the
Complainant, but relied on the new certificate to invoke the policy of "Neither
Confirm nor Deny" (NCND) in relation to the holding of relevant data on the
Complainant beyond that already disclosed to him.
7.
The Complainant began his proceedings in this Tribunal. He contends that the
refusal of the Respondent to supply him with any more information about the
existence of relevant data held on him is irrational, unlawful and incompatible with
his Convention right to respect for his private life. He invites the Tribunal to
investigate whether such data are being held on him and, if so, to order the
Respondent to confirm that fact and to disclose the data to him; and, if not, to
disclose that fact to him.
Preliminary Issues
8. There are two preliminary issues of law. The first concerns alleged interference
with the Convention right to respect for private life (the Interference Issue). The