Search Results for: Data Protection Act 1998 1

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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

Leander v Sweden: ECHR 26 Mar 1987

Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987

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

Tillery Valley Foods v Channel Four Television, Shine Limited: ChD 18 May 2004

The claimant sought an injunction to restrain the defendants from broadcasting a film, claiming that it contained confidential material. A journalist working undercover sought to reveal what he said were unhealthy practices in the claimant’s meat processing plant. A claim under defamation would not restrict publication where a defence of justification might be anticipated. The … Continue reading Tillery Valley Foods v Channel Four Television, Shine Limited: ChD 18 May 2004

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

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

Cubells, Regina (on The Application of) v Independent Police Complaints Commission: CA 15 Oct 2012

The claimant’s mother had died in hospital. The claimant said that she had died as a result of failures by doctors, and had asked the coroner and police to investigate his allegation that she had been deliberately harmed to cover up missed diagnoses. The police obtained an independent report which said that there was a … Continue reading Cubells, Regina (on The Application of) v Independent Police Complaints Commission: CA 15 Oct 2012

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

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

Rugby Football Union v Viagogo Ltd: CA 20 Dec 2011

The Union complained that the defendant operators of a web-site had permitted the sale of its tickets at far above their face value. The Court considerer whether it was proper to make a Norwich Pharmacal order which would entail the disclosure of personal data contrary to the Data Protection Directive and the 1998 Act. Held: … Continue reading Rugby Football Union v Viagogo Ltd: CA 20 Dec 2011

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

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

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

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

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

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

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

Cubells v Information Commissioner: FTTGRC 2 Aug 2013

Dismissed : Freedom of Information Act 2000 – Appeal dismissed Citations: [2013] UKFTT EA – 2012 – 0236 (GRC, EA/2014/0066 Links: Bailii, ICO Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Citing: See Also – Cubells, Regina (on The Application of) v Independent Police Complaints Commission CA 15-Oct-2012 The claimant’s mother had died … Continue reading Cubells v Information Commissioner: FTTGRC 2 Aug 2013

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

Hicks and Others, Regina (on The Application of) v Commissioner of Police for The Metropolis: SC 15 Feb 2017

The claimants had wanted to make a peaceful anti-monarchist demonstration during the wedding of the Duke and Duchess of Cambridge. They complained that the actions of the respondent police infringed their human rights by preventing that demonstration. Held: The appeal failed.The fundamental principle underlying article 5 is the need to protect the individual from arbitrary … Continue reading Hicks and Others, Regina (on The Application of) v Commissioner of Police for The Metropolis: SC 15 Feb 2017

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

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

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

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

Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997

The court examined the development of the law in relation to comparative advertising. Jacob J said: ‘Prior to the coming into force of the Trade Marks Act 1994 comparative advertising using a registered trade mark of a competitor was, subject to minor exceptions involving the use of a company name, forbidden by section 4(1) of … Continue reading Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997

British Library (Decision Notice): ICO 26 Sep 2011

The complainant requested information relating to himself, the Tyldesley Diary and British Library’s internal management report on an incident involving the Tyldesley Diary. The British Library released some information and relied on the exemptions at sections 21, 31, 36(2)(b)(i), 36(2)(b)(ii), 36(2)(c), 40(1), 40(2), 41, 42, 43 to withhold other information. The Commissioner identified that some … Continue reading British Library (Decision Notice): ICO 26 Sep 2011

Department of Finance and Personnel Ni (Decision Notice): ICO 12 Jul 2005

The complainant requested details of the full qualifications, experience and duties of each member of the Department’s Web Design Team by grade. The public authority withheld information about the full qualifications and experience of each member of the Web Design Team under Section 40(2) of the FOI Act on the basis that it was personal … Continue reading Department of Finance and Personnel Ni (Decision Notice): ICO 12 Jul 2005

Central Bedfordshire Council (Decision Notice): ICO 17 Jan 2013

The complainant has requested a copy of the winning tender submission for a gas maintenance and service contract. Central Bedfordshire Council refused the request under the commercial interests exemption. The Commissioner’s decision is that the council wrongly interpreted the scope of the request and that it failed to demonstrate that the commercial interests exemption is … Continue reading Central Bedfordshire Council (Decision Notice): ICO 17 Jan 2013

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Wycombe District Council (Decision Notice): ICO 10 Mar 2011

The complainant supplied Wycombe District Council (the Council) with an address and a vehicle registration number, together with details of the vehicle make, model and colour, and asked it to confirm whether the Council had issued any penalty charge notices on the vehicle. The Council refused to supply this information, citing section 40(2) of the … Continue reading Wycombe District Council (Decision Notice): ICO 10 Mar 2011

Darlington Borough Council (Decision Notice): ICO 12 May 2011

The complainant requested from Darlington Borough Council a copy of the assessment made by the Local Government Ombudsman in relation to a complaint made by a developer of a neighbouring property. The council relied on regulation 12(5)(d) to withhold information. The Commissioner decided that some of the information was the complainant’s personal data and therefore … Continue reading Darlington Borough Council (Decision Notice): ICO 12 May 2011

Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd: ECJ 10 Dec 2002

The respondent sought to transpose the Directive into UK law. The Applicant objected saying that the Directive was invalid. Held: The Directive had been made under Article 95 EC, concerning the internal market. Insofar as the Directive regulated the composition of tobacco products, and their packaging and labelling as Low Tar etc, it was valid. … Continue reading Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd: ECJ 10 Dec 2002

Y v South Lanarkshire Council: SIC 19 Dec 2014

SIC Name of a dog owner – On 3 July 2014, Mr Y asked South Lanarkshire Council (the Council) for the name of the legal owner of a specific dog. The Council withheld this information. Following a review, Mr Y remained dissatisfied and applied to the Commissioner for a decision. The Commissioner investigated and accepted … Continue reading Y v South Lanarkshire Council: SIC 19 Dec 2014

NHS Commissioning Board (Decision Notice): ICO 3 Sep 2013

The complainant has requested information held in a named GP’s appraisal regarding a complaint he had made about that GP. The request was considered under the Data Protection Act 1998 and then under the FOIA. Under the DPA, the NHS North Lancashire Teaching Primary Care Trust informed the complainant that the GP’s appraisal did not … Continue reading NHS Commissioning Board (Decision Notice): ICO 3 Sep 2013

Gaskin v The United Kingdom: ECHR 7 Jul 1989

The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989

Hunters Bar Junior School (Decision Notice): ICO 29 May 2013

The complainant submitted a complaint to Hunter’s Bar Junior School about its provision of special educational needs support to his daughter. Under the Data Protection Act 1998 and the FOIA, he then requested information used in the consideration of this complaint. He also requested any public information the school held concerning the involvement of a … Continue reading Hunters Bar Junior School (Decision Notice): ICO 29 May 2013

Holyoake and Another v Candy and Others: ChD 21 Dec 2017

Judges: Nugee J Citations: [2017] EWHC 3397 (Ch) Links: Bailii, Judiciary Jurisdiction: England and Wales Citing: See Also – Holyoake and Another v Candy and Others ChD 27-Jul-2016 The claimants alleged several torts had been involved in a substantial fraud on them by means of a funding loan. . . See Also – Holyoake and … Continue reading Holyoake and Another v Candy and Others: ChD 21 Dec 2017

Candy v Holyoake and Others (No 2): QBD 22 Nov 2017

Citations: [2017] EWHC 2943 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Holyoake and Another v Candy and Others ChD 27-Jul-2016 The claimants alleged several torts had been involved in a substantial fraud on them by means of a funding loan. . . See Also – Holyoake and Another v Candy and … Continue reading Candy v Holyoake and Others (No 2): QBD 22 Nov 2017