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Dubai Aluminium Co Ltd v Al Alawi and Others: ComC 3 Dec 1998

The claimants had brought proceedings against their former sales manager for accepting bribes and secret commission from outsiders. In support of their claim the claimants had obtained a search and seizure order and a worldwide freezing injunction, apparently using their agents to impersonate the defendant in order to discover information about his Swiss bank accounts. … Continue reading Dubai Aluminium Co Ltd v Al Alawi and Others: ComC 3 Dec 1998

P v Wozencroft (Expert Evidence: Data Protection): FD 2002

The court discussed the discretion given under the section: ‘I remind myself, however, that under s 7(9) the claimant would have had to establish that the defendant had failed to comply with a request for disclosure in contravention of s 7(1), and, importantly, that, even in that event, the subsection confers upon the court a … Continue reading P v Wozencroft (Expert Evidence: Data Protection): FD 2002

Dr Vasserman and The Neaman Practice (Health (Doctors)): ICO 16 Aug 2016

ICO The complainant has requested information relating to his own medical history, together with the contact details of the bodies that supervise General Practitioners and any information held about operation ‘Foreigner’. The Practice dealt with the complainant’s right of access to information about his own medical treatment under the provisions of the Data Protection Act … Continue reading Dr Vasserman and The Neaman Practice (Health (Doctors)): ICO 16 Aug 2016

Nasresfahani v The Secretary of State for The Home Department and Another (Information Rights : Data Protection): UTAA 14 Oct 2014

The Appellant appealed by letter under Section 28 of the Data Protection Act 1998 from the reliance by the Second Respondent on a certificate of the First Respondent that certain of the personal data requested by the Appellant was exempt for the purpose of safeguarding national security in accordance with the terms of that certificate. … Continue reading Nasresfahani v The Secretary of State for The Home Department and Another (Information Rights : Data Protection): UTAA 14 Oct 2014

Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012

The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Stanley v London Borough of Tower Hamlets: QBD 26 Jun 2020

The Claimant sued the Council for breach of the Data Protection Act 1998, breach of the General Data Protection Regulation (Regulation (EU) 2016/679), breach of confidence, misuse of private information, and breach of Article 8 of the European Convention on Human Rights. Disclosure of medical records to attendees of child protection conference. Defendant’s application for … Continue reading Stanley v London Borough of Tower Hamlets: QBD 26 Jun 2020

Bradford Metropolitan District Council (Local Government (District Council)): ICO 11 Mar 2015

The complainant has requested the shotgun licences and firearms certificates of named individuals held by the council in accordance with the Deed relating to sporting rights on Ilkley Moor (2008) (the Deed). The council confirmed that the information was held in relation to some of the named individuals, but refused to provide copies of the … Continue reading Bradford Metropolitan District Council (Local Government (District Council)): ICO 11 Mar 2015

Sandwell Homes Limited (Decision Notice): ICO 17 Nov 2011

ICO The complainant has requested information relating to an incident that occurred and the decision of Sandwell Homes Limited (Sandwell) not to take action against an individual. The Commissioner’s decision is that Sandwell has correctly relied on section 40(2) (third party personal data) of FOIA to withhold all information that does not constitute the complainant’s … Continue reading Sandwell Homes Limited (Decision Notice): ICO 17 Nov 2011

Leicester City Council (Decision Notice): ICO 12 Jan 2009

ICO The complainant, who worked for the Council, applied for two internal vacancies, unsuccessfully. He requested some information about the recruitment process, including copies of the application forms submitted by the other applicants, suitably redacted as necessary. The Council refused the request for the application forms, on the grounds that the exemption at section 40(2) … Continue reading Leicester City Council (Decision Notice): ICO 12 Jan 2009

Oakengates Town Council (Decision Notice): ICO 4 Oct 2012

The complainant has requested information relating to the suspension of the former Town Clerk of Oakengates Town Council. The council refused the request, withholding the information under the exemptions for law enforcement, commercial interests and personal data. The Commissioner’s decision is that all the requested information constitutes the personal data of a third party and … Continue reading Oakengates Town Council (Decision Notice): ICO 4 Oct 2012

House of Commons (Decision Notice) FS50090141: ICO 7 Sep 2006

The complainant requested to know how many travel warrants were drawn and used by a specific MP between the end of 2002 and the end of 2004. The House of Commons withheld the information on the basis that it was exempt under section 40(2) of the Act. The Commissioner found that the requested information is … Continue reading House of Commons (Decision Notice) FS50090141: ICO 7 Sep 2006

Commission for Local Administration In England (Decision Notice): ICO 25 Mar 2008

On 11 September 2007 the complainant requested from The Commission for Local Administration in England (‘CLAE’) copies of legal guidance provided to it by the Department for Communities and Local Government (the ‘DCLG’), the CLAE’s external auditors and/or the Information Commissioner (the ‘Commissioner’) relating to its handling of requests under the Freedom of Information Act … Continue reading Commission for Local Administration In England (Decision Notice): ICO 25 Mar 2008

Halliday v Creation Consumer Finance Ltd: CA 15 Mar 2013

The claimant had obtained judgment in default against the respondent in his claim under the 1998 Act. He now appealed as to the levels of damages to be awarded. Judges: Arden, Lloyd, LJJ, Ryder J Citations: [2013] EWCA Civ 333 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information, Damages Updated: 17 … Continue reading Halliday v Creation Consumer Finance Ltd: CA 15 Mar 2013

Smith and East Ayrshire Council: SIC 10 Feb 2015

SIC Application of the Data Protection Act 1998 to independent coal report On 17 January 2014, Mr Smith asked East Ayrshire Council (the Council) for information concerning the application of the Data Protection Act 1998 to an independent coal report. The Council responded by providing some information to Mr Smith and withholding other information under … Continue reading Smith and East Ayrshire Council: SIC 10 Feb 2015

David Willson and Scottish Public Services Ombudsman: SIC 26 Nov 2013

On 6 August 2013, Mr Willson asked the Scottish Public Services Ombudsman (the SPSO) to provide the information it had used to reach certain conclusions in relation to a complaint it had investigated, and for correspondence with the Minister for Transport. The SPSO withheld all information under section 26(a) of FOISA, and upheld this decision … Continue reading David Willson and Scottish Public Services Ombudsman: SIC 26 Nov 2013

Reid v Price: QBD 13 Mar 2020

Assessment of damages for breach of confidence, misuse of private information and breach of contract, and compensation under the Data Protection Act 1998. The parties had been married, but following the divorce, the defendant had obtained sensitive private recordings of the claimant’s sexual activities. She was persuaded to give undertakings as to their care. She … Continue reading Reid v Price: QBD 13 Mar 2020

Information Commissioner (Decision Notice): ICO 31 May 2006

The complainant requested information from the Commissioner regarding another complaint which the Commissioner was then considering. In particular, the complainant requested copies of correspondence between the caseworker allocated to this complaint and a public authority. Although the complainant received a prompt response, this did not constitute a proper refusal notice and the complainant therefore requested … Continue reading Information Commissioner (Decision Notice): ICO 31 May 2006

Lord Ashcroft v Attorney General and Department for International Development: QBD 31 May 2002

The claimant was the subject of confidential reports prepared by the defendants which were leaked to newspapers causing him damage. He sought leave to amend his claim to add claims for breach of the Data Protection Act and for public misfeasance. Under the Civil Procedure Rules a new claim should be allowed if it is … Continue reading Lord Ashcroft v Attorney General and Department for International Development: QBD 31 May 2002

Bhatti and Others v Regina: CACD 30 Jul 2015

The defendants appealed against their convictions for conspiracy to facilitate breaches of immigration law, saying that they had been based on evidence obtained by the police from credit reference agencies in breach of their rights under the 1984 Act. Held: The appeals failed. The defendants had expressly agreed in their credit applications and finance agreements … Continue reading Bhatti and Others v Regina: CACD 30 Jul 2015

Durant v Financial Services Authority: CC 24 Oct 2002

(Edmonton County Court) The claimant sought disclosure under the Act from the FSA of its file relating to his dealings with Barclays Bank. Though the claim generally failed, the court considered how it would have exercised his discretion under section 7(9). He gave a number of reasons why, even if the claimant had otherwise established … Continue reading Durant v Financial Services Authority: CC 24 Oct 2002

West Yorkshire Police (Decision Notice): ICO 19 Dec 2007

The complainant is seeking information that he asserts was provided to third parties in relation to cases that he was involved in during the 1970s and 1980s and which he believes is held by West Yorkshire Police. The Commissioner understands that these cases related to a number of employment issues and an allegation of theft. … Continue reading West Yorkshire Police (Decision Notice): ICO 19 Dec 2007

Information Commissioner (Decision Notice): ICO 8 Oct 2013

The complainant has requested information from the ICO which relates to the workers and companies with connections to the North-east of Scotland who were involved in the blacklisting scheme ran by The Consulting Association. The request sought information about the individuals and companies involved and details of what information was recorded on the blacklist. The … Continue reading Information Commissioner (Decision Notice): ICO 8 Oct 2013

Information Commissioner (Decision Notice): ICO 25 Apr 2013

The complainant has requested information on the number of complaints being processed under the Data Protection Act 1984 (DPA84) which are still being investigated by the ICO. The ICO informed the complainant that it did not hold any recorded information to answer the request but that the answer to the question was that no individuals … Continue reading Information Commissioner (Decision Notice): ICO 25 Apr 2013

Crown Prosecution Service (Decision Notice) FS50361398: ICO 28 Mar 2011

The complainant asked the Crown Prosecution Service to provide a schedule of information relating to the prosecution of a named individual. The public authority refused to disclose this using the exemption under section 40 (personal information) of the Freedom of Information Act 2000. The Commissioner’s decision is that the exemption in section 40(2) is engaged … Continue reading Crown Prosecution Service (Decision Notice) FS50361398: ICO 28 Mar 2011

Crown Prosecution Service (Decision Notice): ICO 28 Mar 2011

The complainant asked the Crown Prosecution Service to provide information relating to the prosecution of a named individual. The public authority refused to disclose this using the exemptions under sections 30, 40 and 42 of the Freedom of Information Act 2000. The Commissioner’s decision is that the exemption in section 40(2) is engaged for the … Continue reading Crown Prosecution Service (Decision Notice): ICO 28 Mar 2011

Lord, Regina (on the Application of) v Secretary of State for the Home Department: Admn 1 Sep 2003

The claimant was a category A prisoner serving a sentence of life imprisonment for murder. He sought the reasons for his categorisation as a Class A prisoner. Unhappy at the disclosure made, he sought information under the 1998 Act. It was argued that disclosure beyong ‘gist’ reports would threaten the system of categorisation, which was … Continue reading Lord, Regina (on the Application of) v Secretary of State for the Home Department: Admn 1 Sep 2003

Smith v Lloyds TSB Bank Plc: ChD 23 Feb 2005

The respondent declined to produce information held about the claimant saying that it was not held within a filing system so as to bring it within the Act. Held: ‘the legislature has taken a policy decision not to bring unstructured files within the general scope of the Directive. ‘ Judges: Laddie, The Hon Mr Justice … Continue reading Smith v Lloyds TSB Bank Plc: ChD 23 Feb 2005

Information Commissioner (Decision Notice) FS50419834: ICO 9 Aug 2012

The complainant requested information relating to the ICO’s investigation into the unlawful trade in confidential personal information which was known as Operation Motorman. This included within its scope the names of journalists, the names of publications and types of data linked to transactions identified in the ‘What Price Privacy Now’ report. It also included the … Continue reading Information Commissioner (Decision Notice) FS50419834: ICO 9 Aug 2012

Ralph Lucas and University of Glasgow: SIC 8 Aug 2011

Information relating to graduating students – Mr Ralph Lucas requested from the University of Glasgow (the University) statistical data relating to certain students who had graduated from the University in the academic years 2006/7 to 2008/9 inclusive. The University responded by advising Mr Lucas that it considered the information to be exempt from disclosure in … Continue reading Ralph Lucas and University of Glasgow: SIC 8 Aug 2011

Information Commissioner (Decision Notice): ICO 27 May 2010

The complainant requested information from the Information Commissioner which related to his investigation into case FS50165372. The Commissioner confirmed that he held the relevant information however refused to provide it on the grounds it was exempt from disclosure under section 44(1)(a) of the Freedom of Information Act 2000, by virtue of section 59(1) of the … Continue reading Information Commissioner (Decision Notice): ICO 27 May 2010

D Midgley and Sons Ltd and Another v Revenue and Customs: FTTTx 17 Mar 2011

Appeal against Information Notices issued under Schedule 36 of Finance Act 2008 – whether the information was reasonably required – whether Data Protection Act 1998 applies- whether Police and Criminal Evidence Act 1984 applies – whether information required is unreasonable and onerous – appeal dismissed Citations: [2011] UKFTT 187 (TC) Links: Bailii Jurisdiction: England and … Continue reading D Midgley and Sons Ltd and Another v Revenue and Customs: FTTTx 17 Mar 2011

Southwark Council (Decision Notice): ICO 18 Jul 2013

The complainant has requested a copy of a financial viability assessment relating to a large housing development at the Elephant and Castle in London. London Borough of Southwark refused the request, withholding the information under the exception for the confidentiality of commercial or industrial information. During the course of the Commissioner’s investigation the council applied … Continue reading Southwark Council (Decision Notice): ICO 18 Jul 2013

Financial Ombudsman Service (Decision Notice): ICO 3 Sep 2013

The complainant has requested information on behalf of his nephew regarding two complaints he made to the Financial Service Ombudsman (the FOS) concerning a High Street Bank. He wanted a copy of the documentation held by the FOS in relation to its investigation of his complaints. The FOS has provided the complainant with his nephew’s … Continue reading Financial Ombudsman Service (Decision Notice): ICO 3 Sep 2013

Ashfield School (Decision Notice): ICO 12 Feb 2008

The complainant requested information from Ashfield School about the Chair of Governor’s investigation of a number of his grievances. The Governors have given the complainant some information, principally the minutes of the meeting where the grievances were heard. The complainant stresses that it is Chair’s notes of his investigation and any associated documents related to … Continue reading Ashfield School (Decision Notice): ICO 12 Feb 2008

Mosley v The United Kingdom: ECHR 10 May 2011

The claimant complained of the reporting of a sexual encounter which he said was private. Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes … Continue reading Mosley v The United Kingdom: ECHR 10 May 2011

Information Commissioner (Decision Notice) FS50320645: ICO 1 Mar 2011

The complainant asked the Information Commissioner to provide information with respect to four questions he had submitted. These questions related to entries in the Data Protection Public Register maintained by the Information Commissioner’s Office (the ‘ICO’) and concerned previous complaints he had made to the Commissioner under the Data Protection Act 1998. The Information Commissioner … Continue reading Information Commissioner (Decision Notice) FS50320645: ICO 1 Mar 2011

Milne v Angus Council: SIC 13 Dec 2005

Facts Mr Milne wrote to Angus Council requesting all of the information that related to him, including minutes of meetings, internal memos, correspondence and e-mails. Mr Milne was informed on a number of occasions that his request constituted a request for personal information about himself and should be dealt with under the Data Protection Act … Continue reading Milne v Angus Council: SIC 13 Dec 2005

Hutcheon, The Sunday Herald and Scottish Parliamentary Corporate Body: SIC 6 Oct 2005

SIC Paul Hutcheon, a journalist with The Sunday Herald, asked the Scottish Parliamentary Corporate Body (the SPCB) for a copy of David McLetchie MSP’s travel claims supporting mileage, air travel, car hire and taxis since 1999. Copies of the travel claims were provided to Mr Hutcheon, but information, including the taxi destinations, was redacted. Mr … Continue reading Hutcheon, The Sunday Herald and Scottish Parliamentary Corporate Body: SIC 6 Oct 2005

Vale of Glamorgan Council (Local Government (District Council)): ICO 5 May 2015

The complainant requested, on behalf of his client, copies of internal correspondence between 1 February 2014 and 8 April 2014 in relation to a particular summons served by the Vale of Glamorgan Council (‘the Council’) on his client. The Council withheld the information requested under regulation 12(5)(b) of the EIR. During the course of the … Continue reading Vale of Glamorgan Council (Local Government (District Council)): ICO 5 May 2015

Surrey County Council (Decision Notice): ICO 16 Aug 2012

The complainant requested comments made by other residents which he considers resulted in Surrey County Council refusing an amendment to a disabled parking bay zone. The council applied section 41 (information provided in confidence) and section 40(2) (personal data of third parties) and refused his request. On review it upheld that decision. The Commissioner’s decision … Continue reading Surrey County Council (Decision Notice): ICO 16 Aug 2012

Dr X v Scottish Ministers: SIC 20 Apr 2011

SIC Dr X requested from the Scottish Ministers (the Ministers) certain correspondence relating to Dr X. The Ministers responded by treating this as a subject access request under the Data Protection Act 1998. Following a review, as a result of which the Ministers also relied on section 38(1)(a) of FOISA, Dr X remained dissatisfied and … Continue reading Dr X v Scottish Ministers: SIC 20 Apr 2011

Regina v Brown (Gregory): HL 9 Feb 1996

The issue was whether ‘data’ within the Data Protection Act 1984 was limited to data in computer-readable form. Held: The offence of the ‘use’ of protected data required something beyond inspection on a computer screen including printout. There is a tension at inter-state level between the need to protect privacy, and the need for free … Continue reading Regina v Brown (Gregory): HL 9 Feb 1996

Garforth Community College (Decision Notice): ICO 22 Nov 2006

ICO The complainant requested information relating to bullying complaints at the College and also information about 3 teachers at the College. The College stated that it did not hold information relating to bullying complaints and refused to provide information requested about 3 teachers on the grounds that disclosure would contravene the requirements of the Data … Continue reading Garforth Community College (Decision Notice): ICO 22 Nov 2006

WM Morrison Supermarkets Plc v Various Claimants: SC 1 Apr 2020

A disgruntled senior employee had divulged on the internet personal details of several thousand employees. The claimants alleged that that had been a breach of the 1998 Act, and that the appellants were vicariously liable for that wrong. Held: The appeal by Morrisons was allowed. The close connection test was answered by looking at what … Continue reading WM Morrison Supermarkets Plc v Various Claimants: SC 1 Apr 2020

Campbell v Mirror Group Newspapers Ltd: QBD 27 Mar 2002

The applicant sought damages for the defendant having infringed her privacy in several ways, including under the 1998 Act. The defendant argued that she had invited publicity and had misled the public as to her drug problem. A photograch had been taken as she left a drug rehabilitation group meeting. Held: The fact that she … Continue reading Campbell v Mirror Group Newspapers Ltd: QBD 27 Mar 2002

Various Claimants v WM Morrisons Supermarket Plc: QBD 1 Dec 2017

The defendant employer had had confidential information of many of its staff taken and disclosed by a rogue employee. The employees now sought compensation. The main issue was whether the company was directly or vicariously liable for the tort. Held: The company were not directly liable, but were liable vicariously: ‘Adopting the broad and evaluative … Continue reading Various Claimants v WM Morrisons Supermarket Plc: QBD 1 Dec 2017

McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009

Requirements for Enforcing Consumer Loan Agreement The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could not enforce the agreement, it remained … Continue reading McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009

Treasury Solicitors (Decision Notice): ICO 19 Oct 2009

The complainant requested that the Treasury Solicitor’s Department provided him with the identity of the individual(s) whose allegations culminated in him being declared a vexatious litigant. TSOL refused to disclose the information on grounds provided by section 30 (investigations and proceedings conducted by public authorities) or, in the alternative, section 31 (law enforcement) of the … Continue reading Treasury Solicitors (Decision Notice): ICO 19 Oct 2009

Norfolk County Council (Decision Notice): ICO 2 Aug 2012

The complainant has requested from Norfolk County Council (‘the council’) the social care records of his late mother. The council relied on the exemption at section 41(1) of the Freedom of Information Act (‘FOIA’) that the information cannot be disclosed as it would constitute an actionable breach of confidence. During the Commissioners investigation, the council … Continue reading Norfolk County Council (Decision Notice): ICO 2 Aug 2012

Gurieva and Another v Community Safety Development (UK) Ltd: QBD 6 Apr 2016

Claim against private investigator, seeking compliance with the 1988 Act, in particular seeking details of personal information held. Held: ‘The claimants’ SAR is and was valid. There was never any proper basis for questioning its validity. CSD’s failure to disclose any personal data at all represents a breach of the claimants’ rights. The personal data … Continue reading Gurieva and Another v Community Safety Development (UK) Ltd: QBD 6 Apr 2016

Lin and Another v Commissioner of Police for The Metropolis: QBD 25 Aug 2015

The claimants were facing capital charges in Thailand. They sought the release of information held by the defendant to assist in their defence on charges of the murder of two British tourists. In particular a report had been prepared by the MPS about the investigation in Thailand after doubts about the investigation. The MPS aid … Continue reading Lin and Another v Commissioner of Police for The Metropolis: QBD 25 Aug 2015

Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002

The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002

Ezsias v The Welsh Ministers: QBD 23 Nov 2007

The Claimant claimed under Section 7(9) of the 1998 Act for failures to disclose data to him following several requests. He sought (i) a declaration that the National Assembly had failed to comply with their obligations under the 1998 Act, (ii) damages in respect of that non-compliance, and (iii) an order requiring them to comply. … Continue reading Ezsias v The Welsh Ministers: QBD 23 Nov 2007

Douglas etc v Hello! Ltd etc: ChD 11 Apr 2003

The claimants were to be married. They sold the rights to publish photographs of their wedding, but various of the defendants took and published unauthorised pictures. Held: The claimants had gone to lengths to ensure the commercial value of their celebration, and it could attract the protection given in law to confidential matters. What matters … Continue reading Douglas etc v Hello! Ltd etc: ChD 11 Apr 2003

ZXC v Bloomberg LP: QBD 17 Apr 2019

Claim for misuse of private information. The central issue is whether the Claimant can have a reasonable expectation of privacy in information that relates to a criminal investigation into his activities. Judges: Nicklin J Citations: [2019] EWHC 970 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Citing: See Also – ZXC … Continue reading ZXC v Bloomberg LP: QBD 17 Apr 2019

Candy v Holyoake and Others: QBD 2 Mar 2017

Mr Candy claimed remedies for what he alleged were completed or threatened wrongs in the form of breach of confidence, misuse of private information, and breach of the Data Protection Act 1998 (‘DPA’) against five defendants, one of whom had filmed the claimant misbehaving whilst intoxicated, and threatened to publish it. Judges: Warby J Citations: … Continue reading Candy v Holyoake and Others: QBD 2 Mar 2017

Hutcheson (Formerly Known As ‘KGM’) v News Group Newspapers Ltd and Others: CA 19 Jul 2011

The claimant appealed against the refusal of a privacy order, protecting his identity in his claim. Held: The appeal was refused. That Article 8 was ‘engaged’ was not conclusive of the question whether the claimant enjoyed a reasonable expectation of privacy Judges: Lord Neuberger MR, Etherton, Gross LJJ Citations: [2011] EWCA Civ 808, [2012] EMLR … Continue reading Hutcheson (Formerly Known As ‘KGM’) v News Group Newspapers Ltd and Others: CA 19 Jul 2011

Ezsias v Welsh Ministers: CA 24 Jun 2008

Renewed application for leave to appeal against orders making a limited declaration that there were certain breaches on the defendant’s part of their obligations under the Data Protection Act 1998 in that they did not disclose all disclosable personal data to the claimant within the statutory 40-day time limit, but otherwise his claim for a … Continue reading Ezsias v Welsh Ministers: CA 24 Jun 2008

Wycombe District Council (Decision Notice): ICO 12 Aug 2013

The complainant requested emails between officials of Wycombe District Council (the Council) relating to the investigation of a complaint made about him. The Council initially refused the request under the exemptions provided by sections 42(1) (legal professional privilege) and 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and exchange of views) … Continue reading Wycombe District Council (Decision Notice): ICO 12 Aug 2013

Devon and Cornwall Constabulary (Decision Notice): ICO 7 Nov 2007

ICO The complainant requested six pieces of information connected with the investigation of a serious allegation that was made against him. The public authority refused to provide this information citing Section 30(1) (Information obtained during an investigation), Section 38 (Health and Safety), Section 40(1) (Personal Data relating to the applicant) and Section 40(2) (Unfair Disclosure … Continue reading Devon and Cornwall Constabulary (Decision Notice): ICO 7 Nov 2007

University of Leicester (Decision Notice): ICO 23 Dec 2008

ICO In this matter the complainant made a series of Freedom of Information requests of the public authority. The requests were refined and the Commissioner has made a decision about three outstanding items. The Commissioner has concluded that all of those items, in this context, constitute the complainant’s personal data and therefore they are exempt … Continue reading University of Leicester (Decision Notice): ICO 23 Dec 2008

Sandhu (Prosecution): ICO 30 Mar 2012

Company directors used council employee to illegally access tenants’ details A Slough letting agent and one of its directors who unlawfully obtained details about their tenants from a rogue employee at Slough Borough Council have been found guilty of committing offences under Section 55 of the Data Protection Act 1998 (DPA). At Reading Magistrates today, … Continue reading Sandhu (Prosecution): ICO 30 Mar 2012

Ezsias v North Glamorgan NHS Trust: CA 7 Mar 2007

The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT. Held: A claim should not be struck out where, as here, there were facts in dispute between the parties which might affect the decision. It was … Continue reading Ezsias v North Glamorgan NHS Trust: CA 7 Mar 2007

Johnson v The Medical Defence Union: CA 28 Mar 2007

The claimant asserted that the 1998 Act created rights between the parties that are in substance though not in form of a contractual nature; and rights to compensation for infringement of those primary rights of a nature that did not previously exist in English domestic law. He said that when the defendant had proceesed information … Continue reading Johnson v The Medical Defence Union: CA 28 Mar 2007

Addo (Prosecution): ICO 25 Sep 2013

Barclays Bank employee prosecuted for illegally accessing customer’s account A former Barclays Bank employee has been fined pounds 3,360 after illegally accessing the details of a customer’s account. In one case the employee, Jennifer Addo, found out the number of children the customer had and passed the details to the customer’s then partner, who was … Continue reading Addo (Prosecution): ICO 25 Sep 2013

Common Services Agency v Scottish Information Commissioner: IHCS 1 Dec 2006

The Agency rejected a request to provide statistics on certain children, saying that the numbers were so small that individuals might be identified. Held: Since the whole purpose of 2002 Act is the release of information, it should be construed in as liberal a manner as possible. The table setting out the census ward data, … Continue reading Common Services Agency v Scottish Information Commissioner: IHCS 1 Dec 2006

Leeds City Council (Local Government): ICO 21 May 2018

The complainant has made two information requests in which he seeks various information about the handling of a planning complaint and associated information requests that he has made. Leeds City Council disclosed held information in response, but under the terms of the Data Protection Act 1998. The complainant subsequently contested that further information was held … Continue reading Leeds City Council (Local Government): ICO 21 May 2018

Ezsias v North Glamorgan NHS Trust: EAT 25 Jul 2006

EAT Employment Tribunal struck out unfair dismissal claims stating they were bound to fail. The employers had made two applications, one for a deposit to be ordered pursuant to rule 20 of the Employment Tribunal rules, and the second for a strike-out pursuant to rule 18(7)(b) on the grounds that the appeal had no reasonable … Continue reading Ezsias v North Glamorgan NHS Trust: EAT 25 Jul 2006

Hughes v Carratu International Plc: QBD 19 Jul 2006

The claimant wished to bring an action against the defendant enquiry agent, saying that it had obtained unlawful access to details of his bank accounts, and now sought disclosure of documents. The defendant denied wrongdoing, and said it had returned all papers to solicitors. Held: The proposed respondents had not been fully candid, and a … Continue reading Hughes v Carratu International Plc: QBD 19 Jul 2006

East Sussex County Council (Decision Notice): ICO 9 Mar 2011

The complainants are a firm of solicitors representing clients who are in dispute with the council over their house. The house is close to the intended route of a new section of road and the clients are concerned that this will adversely affect their enjoyment of, and the value of their property. The council provided … Continue reading East Sussex County Council (Decision Notice): ICO 9 Mar 2011

East Sussex County Council (Decision Notice) FS50469685: ICO 30 Apr 2013

The complainant made requests to East Sussex County Council relating to issues involving his wife. The council cited section 14(1) of the Freedom of Information Act 2000 the exclusion relating to vexatious requests. The council also said that some of the requests should be considered separately under the terms of the Data Protection Act 1998. … Continue reading East Sussex County Council (Decision Notice) FS50469685: ICO 30 Apr 2013

East Sussex County Council (Decision Notice) FS50466468: ICO 30 Apr 2013

The complainant made requests to East Sussex County Council relating to issues involving his wife. The council cited section 14(1) of the Freedom of Information Act 2000, the exclusion relating to vexatious requests. The council also said that some of the requests should be considered separately under the terms of the Data Protection Act 1998. … Continue reading East Sussex County Council (Decision Notice) FS50466468: ICO 30 Apr 2013

Worcestershire County Council (Decision Notice): ICO 31 May 2006

The complainant requested various information about WCC’s treatment of her mother. There is no evidence that the Complainant had any right to act on her mother’s behalf, or that her mother has given consent for information about her care to be provided to the Complainant. The Complainant also asked for information about the complaint she … Continue reading Worcestershire County Council (Decision Notice): ICO 31 May 2006

Health and Safety Executive (Decision Notice): ICO 28 Mar 2011

The complainant requested a copy of the public authority’s report into an accident involving their client. Although some information was provided to the complainant under the Data Protection Act 1998 the public authority refused to provide some information on the grounds that it was exempt under section 30(1)(b) of the Freedom of Information Act 2000. … Continue reading Health and Safety Executive (Decision Notice): ICO 28 Mar 2011

Akhigbe v Berkeley Homes (Urban Renaissance) Ltd: EAT 26 Feb 2019

PRACTICE AND PROCEDURE – Striking-out/dismissal VICTIMISATION DISCRIMINATION – Whistleblowing An employment judge had not erred in law by deciding that the appellant’s allegation that the respondent employer had subjected the appellant to a detriment by persistently refusing to disclose documents pursuant to a ‘subject access request’ under the then Data Protection Act 1998 had no … Continue reading Akhigbe v Berkeley Homes (Urban Renaissance) Ltd: EAT 26 Feb 2019

Johnson v Medical Defence Union Ltd: ChD 20 Feb 2004

Judges: Laddie J Citations: [2004] EWHC 347 (Ch) Links: Bailii Statutes: Data Protection Act 1998 7 Jurisdiction: England and Wales Cited by: See Also – Johnson v Medical Defence Union Ltd ChD 9-Nov-2004 The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. … Continue reading Johnson v Medical Defence Union Ltd: ChD 20 Feb 2004

Johnson v Medical Defence Union Ltd: ChD 9 Nov 2004

The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. He had been refused access under the 1998 Act, and now sought access under the Civil Procedure Rules. Held: Though his claim still was for wrongful processing under the 1998 Act, that claim … Continue reading Johnson v Medical Defence Union Ltd: ChD 9 Nov 2004