Search Results for: Data Protection Act 1998 13

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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

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 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

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

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

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

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

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

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

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

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

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

London Borough of Enfield (Decision Notice): ICO 8 Jul 2013

The complainant has requested information relating to the actions of a social worker at the London Borough of Enfield Council, the social worker previously reported the theft of a cat which the complainant had taken back to a cat charity after she found that its health was suffering in a care home. No action was … Continue reading London Borough of Enfield (Decision Notice): ICO 8 Jul 2013

Chirbury CE VC Primary School (Decision Notice): ICO 4 Nov 2013

The complainant has requested a report containing complaints made against a Head Teacher at Chirbury Primary School. The School refused to provide the requested information and relied upon section 40(2) of the FOIA. It stated that the information was personal data and its release would breach principle 1 of the Data Protection Act 1998. The … Continue reading Chirbury CE VC Primary School (Decision Notice): ICO 4 Nov 2013

In re Southern Pacific Personal Loans Ltd: ChD 8 Aug 2013

This application raises issues concerning the relationship between the Data Protection Act 1998 and the winding-up of insolvent companies and the duties of liquidators. Held: The Joint Liquidators of a company did not take on the duties of a data controller as regards data held by the company before entering into liquidation Judges: David Richards … Continue reading In re Southern Pacific Personal Loans Ltd: ChD 8 Aug 2013

Idowu (Prosecution): ICO 15 Aug 2013

A probation officer who revealed a domestic abuse victim’s new address to the alleged perpetrator has been fined pounds 150 following a prosecution bought by the Information Commissioner’s Office (ICO). Victoria Idowu claimed that she provided the victim’s full name, new address and date of birth, along with the details of the investigating officer, as … Continue reading Idowu (Prosecution): ICO 15 Aug 2013

Isle of Wight Council (Decision Notice): ICO 8 Aug 2013

The complainant made a multipart request to Isle of Wight Council (the council) broadly regarding the school reorganisation project. Some of the requested information was his personal data and was therefore considered under the Data Protection Act 1998 (the DPA). The remainder was considered by the council under the FOIA. The council responded to those … Continue reading Isle of Wight Council (Decision Notice): ICO 8 Aug 2013

Ryedale District Council (Decision Notice): ICO 13 Jul 2009

The complainant requested copies of any correspondence between the council and the Local Government Ombudsman between January 2007 and June 2007. The Commissioner understands that this primarily relates to an investigation carried out by the Ombudsman into allegations of maladministration by the council. A report was published by the Ombudsman on 31 May 2007 as … Continue reading Ryedale District Council (Decision Notice): ICO 13 Jul 2009

Central and Eastern Cheshire Primary Care Trust (Decision Notice): ICO 13 Jun 2007

The complainant requested a list of the delegates who had attended an event organised by the Eastern Cheshire NHS Primary Care Trust (the ‘PCT’) as part of a programme of public consultation called the Future Health Care Project, together with their contact details and their ‘status information’. The PCT provided a list of the job … Continue reading Central and Eastern Cheshire Primary Care Trust (Decision Notice): ICO 13 Jun 2007

Department for Communities and Local Government (Decision Notice): ICO 13 Sep 2011

The complainant requested copies of the legal advice sought by the Department for Communities and Local Government relating to the issue of whether Energy Performance Certificates for private dwellings contain personal data according to the definition in the Data Protection Act 1998. DCLG withheld the legal advice using section 42(1) of the Freedom of Information … Continue reading Department for Communities and Local Government (Decision Notice): ICO 13 Sep 2011

T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others: CA 29 Jan 2013

Three claimants appealed against refusal of declarations that the response of the police to requests for Criminal Records Bureau enhanced checks, were a disproportionate interference in their right to private and family life, and in particular that the disclosure of old convictions infringed their human rights. Held: The appeals succeeded. The statutory system which required … Continue reading T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others: CA 29 Jan 2013

Derbyshire County Council (Local Government (County Council)): ICO 13 Apr 2015

Local government (County council) The complainant has requested information from Derbyshire County Council (the council) regarding the purchase of a specific property. The council refused to provide some of the requested information relying on section 38 of the FOIA as disclosure would prejudice the health and safety of individuals. It also relied on section 41 … Continue reading Derbyshire County Council (Local Government (County Council)): ICO 13 Apr 2015

Newham London Borough Council (Local Government (Borough Council)): ICO 13 Jan 2015

ICO Local government (Borough council) The complainant has requested from Newham Council the total amount it has deducted from its elected councillors’ basic and where applicable special responsibility allowances and passed to funds/accounts controlled by the mayor, the Labour Group or the Labour Party between 6 April 2010 and 5 April 2014. Newham Council has … Continue reading Newham London Borough Council (Local Government (Borough Council)): ICO 13 Jan 2015

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Gloucestershire County Council (Decision Notice): ICO 13 Mar 2007

Local government (County council) The complainant made a request for a copy of a petition which was submitted by a councillor in relation to his tenancy. In response to the request, the Council released some information under the Data Protection Act 1998. This was limited to the heading ‘Undesirable Tenant’ followed by the complainant’s address … Continue reading Gloucestershire County Council (Decision Notice): ICO 13 Mar 2007

Cubells v Information Commissioner: FTTGRC 2 Dec 2013

FTTG FOIA s.40 (5) (b) (I) Data Protection Act, 1998 (‘the DPA’) Schedule 1, Part 1 Requests for personal data. [2013] UKFTT EA – 2013 – 0038 (GRC Bailii Freedom of Information Act 2000, Data Protection Act 1998 England and Wales Citing: See Also – Cubells, Regina (on The Application of) v Independent Police Complaints … Continue reading Cubells v Information Commissioner: FTTGRC 2 Dec 2013

Oates v Information Commissioner: FTTGRC 20 Dec 2013

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

Information Commissioner (Decision Notice) FS50483541: ICO 11 Jul 2013

The complainant has requested information from the ICO which relates to its investigation into a previous case FER0402796. This concerned a complaint made to the ICO relating to a request for information made to the New Forest National Park Authority (the ‘NFNPA’) by the complainant. The ICO refused to disclose the requested information under section … Continue reading Information Commissioner (Decision Notice) FS50483541: ICO 11 Jul 2013

Crown Prosecution Service (Decision Notice): ICO 10 Jul 2013

The complainant has requested information related to the prosecution of a named defendant. The public authority withheld the information citing the exemptions in sections 30(1)(c), 32(1), 40(2) and 42(1) of the FOIA. The Commissioner’s decision is that the exemption in section 40(2) is engaged and that disclosure of the requested information would breach the Data … Continue reading Crown Prosecution Service (Decision Notice): ICO 10 Jul 2013

South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Commissioner’s Approach not in Breach In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His underlying purpose was to find out whether … Continue reading South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Hayes v Willoughby: SC 20 Mar 2013

The claimant and appellant had been employer and employee who had fallen out, with a settlement in 2005. The appellant then began an unpleasant and obsessive personal vendetta against Mr Hayes, complaining to public bodies with allegations of tax evasion, fraud and similar. Several investigations all concluded against the appellant, and indeed disproved in 2007. … Continue reading Hayes v Willoughby: SC 20 Mar 2013

Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990

Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990

NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Durham County Council v Dunn: CA 13 Dec 2012

The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and in particular the roles of Data Protection law and the Civil Procedure Rules. Held: The Council’s … Continue reading Durham County Council v Dunn: CA 13 Dec 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

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

Bains and Others v Moore and Others: QBD 15 Feb 2017

The claimant anti-asbestos campaigners complained that the defendant investigators had infringed their various rights of privacy. They now sought discovery to support the claim. Held: the contents of the witness statements do show that it is more than speculative that these Claimants could, if their recollection was prompted by seeing documents, formulate a claim with … Continue reading Bains and Others v Moore and Others: QBD 15 Feb 2017

Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

Damages for breach of Data Protection The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ browser generated information was contrary to the defendant’s publicly stated position that … Continue reading Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

TLT and Others v The Secretary of State for The Home Department and Another: QBD 24 Jun 2016

Damages for Publication of Asylum Applicants Data The claimants had been part of the family returns process, returning failed asylum seekers to their countries of origin. The defendant collected data about the process and published a spreadsheet which was intended to provide an anonymous summary of the process, but in fact also contained many private … Continue reading TLT and Others v The Secretary of State for The Home Department and Another: QBD 24 Jun 2016

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

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

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

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

Attheraces Ltd and Another v The British Horseracing Board Ltd and Another: CA 2 Feb 2007

The defendant appealed a finding that it had abused its dominant market position in refusing to supply to the claimant a copyright licence for its information on horse racing at a proper or acceptable price. The defendant was said to have a monopoly on the information Held: The appeal was upheld. ‘unfairness in pricing is … Continue reading Attheraces Ltd and Another v The British Horseracing Board Ltd and Another: CA 2 Feb 2007

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

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

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

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

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

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

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

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

Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007

The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007

Hertfordshire Constabulary (Decision Notice): ICO 28 Feb 2008

The complainant’s son died in a traffic incident which occurred on the A1(M) in Hertfordshire in July 2003. Since then he has been in correspondence with the public authority seeking access to information relating to its investigation of this incident. Partial disclosure had been made to him as the father of the deceased (not as … Continue reading Hertfordshire Constabulary (Decision Notice): ICO 28 Feb 2008

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

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

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

Director of Public Prosecutions v Bignall: Admn 16 May 1997

The defendant police officers had obtained information from the Police National Computer, but had used it for improper purposes. Held: The prosecution should have taken place under the 1990 Act as unauthorised access, and had not been used under the 1984 Act. Judges: Lord Justice Pill And Mr Justice Astill Citations: [1997] EWHC Admin 476, … Continue reading Director of Public Prosecutions v Bignall: Admn 16 May 1997

Catt v The Commissioner of Police of The Metropolis: Admn 30 May 2012

The claimant objected to the retention of data about him as to his attendance at assorted political protests. He had not engaged in criminality. Judges: Gross LJ, Irwin J Citations: [2012] EWHC 1471 (Admin), [2012] HRLR 23 Links: Bailii Statutes: European Convention on Human Rights 8, Data Protection Act 1998 Jurisdiction: England and Wales Cited … Continue reading Catt v The Commissioner of Police of The Metropolis: Admn 30 May 2012

North York Moors National Park Authority (Decision Notice): ICO 10 Mar 2014

The complainant requested information from the North York Moors National Park Authority (the Authority) relating to a planning enforcement matter. The Authority withheld the requested information citing the exceptions in regulations 12(5)(b) (course of justice), 12(5)(e) (commercial confidentiality) and 13(2)(b) (personal information) of the Environmental Information Regulations (EIR). It is accepted by both parties that … Continue reading North York Moors National Park Authority (Decision Notice): ICO 10 Mar 2014

British Airways Plc v Ryanair Limited: ChD 25 Oct 2000

The claimant alleged that disparaging adverts by the defendant infringed its trade marks and amounted to the tort of malicious falsehood. Held: There was no dispute that the mark had been used. The Act could not be used to prevent any use of another’s trade mark in comparitive advertising. In this case the advertisement, though … Continue reading British Airways Plc v Ryanair Limited: ChD 25 Oct 2000

The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

NT1 v Google Llc: QBD 18 Jan 2018

An application was made at this pre-trial review, by the claimants in two actions, where they had already obtained orders to preserve their anonymity, for orders protecting that anonymity under the defendant’s search engine. Judges: Nicklin J Citations: [2019] QB 344, [2018] EWHC 67 (QB) (Rev 3 Links: Bailii Statutes: Contempt of Court Act 1981 … Continue reading NT1 v Google Llc: QBD 18 Jan 2018

CG v Facebook Ireland Ltd and Another: CANI 21 Dec 2016

The court was asked as to the liability in damages of information society services, in this case Facebook, for misuse of private information as a result of postings on their sites by third parties. The postings divulged historic sexual ffending. Held: With the passage of time the protection of an offender by prohibiting the disclosure … Continue reading CG v Facebook Ireland Ltd and Another: CANI 21 Dec 2016

Bolton Council (Decision Notice): ICO 8 Mar 2012

The complainant submitted 2 requests to Bolton Metropolitan Borough Council asking for a range of information relating to properties in a residential cul-de-sac in Bolton. In relation to the first request, the public authority provided some information and confirmed that further information was not held. In relation to the second request, the council refused to … Continue reading Bolton Council (Decision Notice): ICO 8 Mar 2012

Secretary of State for the Home Department, Regina (on the Application of) v Information Tribunal and Information Commissioner: Admn 23 Nov 2006

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

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Environment Agency (Decision Notice): ICO 16 Jul 2012

ICO The complainant has requested transcripts of interviews conducted by the Environment Agency with the Deputy Chief Executive of Heart of England NHS Trust and a senior manager about waste management at the Trust. The complainant also asked for a letter sent by the EA to the Trust in February 2007. The Environment Agency withheld … Continue reading Environment Agency (Decision Notice): ICO 16 Jul 2012

Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1): ECJ 5 Oct 2004

ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of ‘road transport’ – Maximum weekly working … Continue reading Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1): ECJ 5 Oct 2004