The claimant sought disclosure of information under the 1998 Act. The defendant said that the application was an abuse of process and an attempt to circumvent the 2003 Act. The claimant had been convicted of involvement in kidnapping and murder in Somalia and was to appeal aganst a sentence of death. The claimant said that … Continue reading Kololo v Commissioner of Police for The Metropolis: QBD 9 Mar 2015
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
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
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
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
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
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
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
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
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
The complainant requested copies of any correspondence between council officers or between council officers and councillors that relate in any way to requests for information that he had made about ‘the Challenge panel papers’. The council relied on the exemption under section 36(2)(b)(i) and (ii). The Commissioner investigated and found that a small amount of … Continue reading Harrow Council (Decision Notice): ICO 29 Nov 2011
The complainant made three requests (dated 14, 15 and 16 May 2007) under the Freedom of Information Act 2000 (the ‘Act’) to the Plymouth Teaching Primary Care Trust (the ‘Trust’) for correspondence and other information relating to suspensions from the Trust. The Trust dealt with the request of 14 May 2007 under the Data Protection … Continue reading Plymouth Teaching Primary Care Trust (Decision Notice): ICO 11 Dec 2008
The complainant requested information about a complaint he made against a member of staff. The public authority informed the complainant that this information was exempt under section 40(2) and section 31(g) [sic]. After examining the requested information the Commissioner has determined that the information was in fact exempt by virtue of section 40(1) as it … Continue reading Her Majestys Courts Service (Decision Notice): ICO 18 Dec 2008
The complainant requested information from Calderdale Primary Care Trust concerning the date, place and time a named individual had received sex change surgery. The PCT responded in accordance with the provision of section 1(1)(a) of the Freedom of Information Act 2000. The Commissioner considers that the PCT was excluded from its duty to respond to … Continue reading Calderdale Primary Care Trust (Decision Notice): ICO 3 Mar 2011
ICO The complainant has requested information relating to a complaint he made. NHS England provided the complainant with some information which fell within the scope of the request which amounted to his own personal data. This was provided under the Data Protection Act 1998. It refused to disclose the requested information under FOIA as it … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)) FS50640679: ICO 9 Mar 2017
The parties disputed the functions of the Commissioner in respect of personal data held by the SSHD for which he claimed exemption from disclosure on the ground of national security. The applicant had sought copies of personal data held about himself, and the Secretary had claimed exemption but had said that the Minister would not … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Information Tribunal and Information Commissioner: Admn 23 Nov 2006
The complainant has requested information relating to an application for discretionary relief from non-domestic rates for a specified commercial property. Information was disclosed, with names of some individuals contained in the information redacted, applying the provisions of the exemption at section 40 of FOIA to comply with the requirements of the Data Protection Act 1998 … Continue reading Birmingham City Council (Decision Notice): ICO 22 Mar 2012
The complainant has made a number of requests for information relating to a dispute between a training service provider and Calderdale College (the College) which culminated in legal proceedings. The College has provided some information but refused to disclose the remainder. The Commissioner has found that a considerable part of the requested information is the … Continue reading Calderdale College (Education (College)): ICO 27 Jul 2016
Freedom of Information (Scotland) Act 2002 (FOISA) sections 1(1) and (6) (General entitlement); 2(1)(a) and (2)(e)(ii) (Effect of exemptions); 38(1)(b), (2)(a)(i) and (2)(b) and (5) (definition of ‘the data protection principles’, ‘data subject’ and ‘personal data’) (Personal information) Data Protection Act 1998 (the DPA) sections 1(1) (Basic interpretative provisions) (definition of personal data); 2 (Sensitive … Continue reading Howarth and Chief Constable of The Police Service of Scotland: SIC 29 Apr 2015
The complainant requested access to information on the files relating to another individual, held by the Northumbria Police. Following an investigation of the complaint, the Commissioner has decided that the information requested by the complainant constitutes the personal data of another individual in accordance with Section 1(1) of the Data Protection Act 1998 and consequently, … Continue reading Northumbria Police (Decision Notice): ICO 3 Oct 2006
ICO The complainant made a request for a petition supporting a proposed footpath submitted to Cardiff County Council (‘the Council’) by a local Councillor. This was refused under section 40 of the Act on the grounds that the information requested constituted personal data of which the applicant was not the subject, and that disclosure of … Continue reading Cardiff Council (Decision Notice): ICO 30 Apr 2009
The complainant requested a copy of a report held by St Neots Town Council (‘the Council’) concerning an incident in November 2007 in St Neots involving the Christmas light display. The Council provided a copy of the report with redactions and it also withheld all the appendices to the report. It stated that it wished … Continue reading St Neots Town Council (Decision Notice): ICO 26 Apr 2010
ICO The complainant made a request for information about two police officers serving within Essex Police (the ‘public authority’). The information was withheld under the exemption in section 40(2) (personal information) of the Freedom of Information Act 2000 (the ‘Act’). The Commissioner’s decision is that the exemption at section 40(2) is engaged but that disclosure … Continue reading Essex Police (Decision Notice): ICO 1 Feb 2010
ICO The complainant requested public documents from the Home Office UK Border Agency relating to the applications for naturalisation of two named individuals. The public authority refused the request on the basis that the requested information constitutes the personal data of the individuals concerned and disclosure would breach the principles set out in the Data … Continue reading Home Office (Decision Notice): ICO 30 Mar 2011
ICO The complainant requested information concerned with the tendering process for the delivery of marketing workshops from Business Link West Midlands (BLWM) whose freedom of information responsibilities have now been assumed by the Department for Business, Innovation and Skills (BIS). The Commissioner’s decision is that the majority of the requested information is not held. His … Continue reading Department for Business Innovation and Skills (Decision Notice): ICO 20 Jun 2012
Whether information held s.1 FOIA – Personal data s.1(1) DPA Personal data s.40 FOIA [2013] UKFTT EA – 2013 – 0040 (GRC Bailii Freedom of Information Act 2000, Data Protection Act 1998 England and Wales Citing: Cited – Durant v Financial Services Authority CA 8-Dec-2003 The appellant had been unsuccessful in litigation against his former … Continue reading Oates v Information Commissioner: FTTGRC 20 Dec 2013
Resolution Complaints Panel reports – On 4 July 2013, Mrs Thompson asked for a copy of Resolution Complaints Panel reports prepared by the City of Edinburgh Council (the Council). The Council decided that the information in the reports was entirely excepted from disclosure under the EIRs. During the investigation, the Council disclosed a redacted version … Continue reading Thompson v City of Edinburgh Council: SIC 4 Mar 2014
The department appealed against an order requiring it to disclose statistical information about late abortions. The department argued that the numbers involved were such that the individual patients involved mighty be identified, and that therefore the information constituted personal data and was exempt under section 40 of the 2000 Act. The claimant had altered its … Continue reading Department of Health, Regina (on The Application of) v Information Commissioner: Admn 20 Apr 2011
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his personal data held by the bank. The Financial Services Authority disclosed some copies of documents relating to the … Continue reading Durant v Financial Services Authority: CA 8 Dec 2003
Applicants had sought disclosure of information supplied by members of Parliament in support of expenses claims. The Office appealed against an order from the Commissioner to produce that information, saying that the actions of Parliament are not subject to judicial control or review. Held: The appeal was dismissed. The tribunal had made no error of … Continue reading Corporate Officer of the House of Commons v The Information Commissioner and others: Admn 16 May 2008
Defamation of Labour MP by Unite and Blogger The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the union. The defendants pursued defences … Continue reading Turley v Unite The Union and Another: QBD 19 Dec 2019
ic_fsa Information rights – Data protection – whether a person’s name constitutes personal data. As the decision of the First-tier Tribunal (made on 16 April 2012 under reference EA/2011/0132) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act … Continue reading The Information Commissioner v The FSA and Edem: UTAA 11 Dec 2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012
The complainant requested copies of emails referred to in a report by the Commissioner for Local Administration in Wales. The council released the information but redacted the names of the senders and recipients who were employees of the authority, . .
