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
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
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
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
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
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
Appeal against grant of ‘notification injunction’ Judges: Gloster VP CA, Jackson LJJ Citations: [2017] EWCA Civ 92 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 … Continue reading Candy and Others v Holyoake and Another: CA 28 Feb 2017
The claimants had brought proceedings against their former sales manager for accepting bribes and secret commission from outsiders. In support of their claim the claimants had obtained a search and seizure order and a worldwide freezing injunction, apparently using their agents to impersonate the defendant in order to discover information about his Swiss bank accounts. … Continue reading Dubai Aluminium Co Ltd v Al Alawi and Others: ComC 3 Dec 1998
The court discussed the discretion given under the section: ‘I remind myself, however, that under s 7(9) the claimant would have had to establish that the defendant had failed to comply with a request for disclosure in contravention of s 7(1), and, importantly, that, even in that event, the subsection confers upon the court a … Continue reading P v Wozencroft (Expert Evidence: Data Protection): FD 2002
ICO The complainant made six requests to Surrey County Council (‘the Council’) for information that focussed on a potential working relationship between two named individuals. Two of those requests were for the complainant’s own personal data and were considered under the Data Protection Act 1998 (DPA). The remaining four were considered by the Commissioner under … Continue reading Surrey County Council (Decision Notice): ICO 28 Jun 2011
(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
The Appellant appealed by letter under Section 28 of the Data Protection Act 1998 from the reliance by the Second Respondent on a certificate of the First Respondent that certain of the personal data requested by the Appellant was exempt for the purpose of safeguarding national security in accordance with the terms of that certificate. … Continue reading Nasresfahani v The Secretary of State for The Home Department and Another (Information Rights : Data Protection): UTAA 14 Oct 2014
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012
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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 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
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
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
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
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
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
(Edmonton County Court) The claimant sought disclosure under the Act from the FSA of its file relating to his dealings with Barclays Bank. Though the claim generally failed, the court considered how it would have exercised his discretion under section 7(9). He gave a number of reasons why, even if the claimant had otherwise established … Continue reading Durant v Financial Services Authority: CC 24 Oct 2002
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
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 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
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
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
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
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
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
Requirements for Enforcing Consumer Loan Agreement The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could not enforce the agreement, it remained … Continue reading McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009
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
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
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
Citations: [2013] UKFTT 2012 – 0111 (GRC) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 28 July 2022; Ref: scu.471704
The Claimant claimed under Section 7(9) of the 1998 Act for failures to disclose data to him following several requests. He sought (i) a declaration that the National Assembly had failed to comply with their obligations under the 1998 Act, (ii) damages in respect of that non-compliance, and (iii) an order requiring them to comply. … Continue reading Ezsias v The Welsh Ministers: QBD 23 Nov 2007
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
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
The claimant a patient in Rampton hospital sought disclosure of a report prepared on him for the hospital. Judges: Cranston J Citations: [2008] EWHC 1934 (QB) Links: Bailii Statutes: Data Protection Act 1998 7(9) Information, Health Updated: 18 July 2022; Ref: scu.271334
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
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
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
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
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
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
Judges: Laddie J Citations: [2004] EWHC 347 (Ch) Links: Bailii Statutes: Data Protection Act 1998 7 Jurisdiction: England and Wales Cited by: See Also – Johnson v Medical Defence Union Ltd ChD 9-Nov-2004 The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. … Continue reading Johnson v Medical Defence Union Ltd: ChD 20 Feb 2004
The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. He had been refused access under the 1998 Act, and now sought access under the Civil Procedure Rules. Held: Though his claim still was for wrongful processing under the 1998 Act, that claim … Continue reading Johnson v Medical Defence Union Ltd: ChD 9 Nov 2004
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
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
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
The applicant had been a health care worker, but was no longer working. He had come to be HIV positive, and an order was sought protecting his identity from disclosure in the press. He had evidence that the NHS guidelines on notification of patients of having been treated. He declined to provide details of his … Continue reading H (A Healthcare Worker) v Associated Newspapers Limited: CA 27 Feb 2002
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
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
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
A request was made for a copy of the report of an independent inquiry panel set up to address concerns about the clinical governance of East Sussex Hospitals NHS Trust. The Trust provided a redacted copy, arguing that the withheld information was exempt under section 40 (Personal Data) and that part was subject to a … Continue reading East Sussex Hospitals NHS Trust (Decision Notice): ICO 8 Jun 2006
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
Applications for further disclosure on the grounds of collateral waiver. Judges: Nugee J Citations: [2017] EWHC 387 (Ch) 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 … Continue reading Holyoake and Another v Candy and Others: ChD 27 Feb 2017
The claimants alleged several torts had been involved in a substantial fraud on them by means of a funding loan. Judges: Hodge QC HHJ Citations: [2016] EWHC 2119 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Holyoake and Another v Candy and Others ChD 29-Nov-2016 Application by the Defendants for security … Continue reading Holyoake and Another v Candy and Others: ChD 27 Jul 2016
Application by the Defendants for security for costs. Judges: Nugee J Citations: [2016] EWHC 3065 (Ch) 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. … Continue reading Holyoake and Another v Candy and Others: ChD 29 Nov 2016
The claimant sought to have access to his personal information held by the defendant. The defendant relied upon the legal professional privilege exemption. Judges: Warby J Citations: [2017] EWHC 52 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Citing: See Also – Holyoake and Another v Candy and Others ChD 27-Jul-2016 … Continue reading Holyoake v Candy and Another: QBD 24 Jan 2017
The publication of articles in a newspaper describing how a ‘black clerk’ had complained about the allegedly racist comments of two policemen was said to have caused the claimant to receive racist hate mail. Held: The court considered the type of conduct which had to be proved to bring the case within the statute. Publication … Continue reading Thomas v News Group Newspapers Ltd: CA 18 Jul 2001
The complainant requested all information held by the public authority in relation to surveillance it carried out on him. In particular, the complainant asked for copies of letters from a third party concerning the matter. The public authority cited several exemptions including section 40 of the Freedom of Information Act 2000. The Commissioner is satisfied … Continue reading South Gloucestershire Council (Decision Notice): ICO 3 Jan 2007
Dismissed Citations: [2018] UKFTT 2018 – 0030 (GRC) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 18 May 2022; Ref: scu.634282
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 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
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
Leeds County Court – The court considered the extent of the obligation imposed by s 8(2) of the 1998 Act. Held: The data controller is only required under the section to supply the individual with such personal data as is found after a reasonable and proportionate search. Judges: Behrens HHJ Citations: Unreported 24 April 2012 … Continue reading Elliott v Lloyds TSB Bank: 24 Apr 2012
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 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
The complainant requested information from the public authority relating to the senior employees employed at the Authority. The complainant requested the names of those senior employees that had their principal private residence within the boundary of the council borough and the names of the senior officers that pay council tax in the borough. The public … Continue reading Wrexham County Borough Council (Decision Notice): ICO 30 Apr 2007
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
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
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
Allowed In Part : Freedom of Information Act 2000 Data Protection Act 1998 Citations: [2017] UKFTT 2016 – 0217 (GRC) Links: Bailii Jurisdiction: England and Wales Information Updated: 28 March 2022; Ref: scu.601357
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
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
The defendant had been part of an organisation subject to an investigation of child sex abuse. He was cleared of involvement, but had disseminated the confidential reports containing sensitive personal data to support his contention that the process was being misused. He appealed from his conviction under the 1998 Act, saying that the burden of … Continue reading Shepherd v The Information Commissioner: CACD 18 Jan 2019
Invalid [2016] UKFTT 2016 – 302 (GRC) Bailii Data Protection Act 1998 England and Wales Information Updated: 27 January 2022; Ref: scu.572820
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
The claimant sought damages for defamation. The council had decided that she had threatened a member of staff and notified various people, and entered her name on a violent persons register. She alleged malice, the council pleaded justification and qualified privilege. She also complained of the breach of her data protection rights. She had been … Continue reading Clift v Slough Borough Council and Another: QBD 6 Jul 2009
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
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019
Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy agreed with the Respondent, but had withdrawn it following the Bichard inquiry, and replaced … Continue reading Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009
Rebalancing of Enhanced Disclosure Requirements The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private life. The enhanced record revealed that the claimant’s son … Continue reading L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to disclose the warnings given to him violated the same right. Held: The … Continue reading T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014
Police Data Retention Justifiable The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T complained of the retention of an harassment warning issued against him. The Commissioner now appealed … Continue reading Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015
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
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
ICO An undertaking to comply with the seventh data protection principle has been signed by Department of Justice Northern Ireland. This follows the sale of a filing cabinet that contained documents originating from within the Northern Ireland Prison service. The documents contained personal data, as defined by section 1 of the Data Protection Act 1998 … Continue reading Department of Justice Northern Ireland (Undertakings ): ICO 19 Jun 2014
The complainant requested a copy of correspondence sent by a third party to Prestatyn Town Council (‘the Council’). The Council withheld the information requested under sections 40(1) and 40(2) of the FOIA. The Commissioner’s decision is that the Council has correctly applied section 40(1) to the request. The Commissioner does not require any steps to … Continue reading Prestatyn Town Council (Local Government (Town Council)): ICO 17 Jun 2015
Application to have claim struck out by consent. [2014] UKFTT 2014 – 0066 (GRC) Bailii The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009 Citing: See Also – 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 … Continue reading Cubells v Information Commissioner (The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009): FTTGRC 17 Jul 2014
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
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
The complainant, and his wife, requested information about a doctor who had previously worked for the public authority. Specifically he asked whether the doctor had been carrying out a six monthly rotation as part of her training for General Practice, whilst working in Huddersfield Royal Infirmary’s Haematology Department in 2003. The public authority refused to … Continue reading Calderdale and Huddersfield NHS Foundation Trust (Decision Notice): ICO 17 Apr 2007
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006
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
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 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
The claimants alleged misuse of their private information in collecting information about their internet useage when using Google products. Google now applied for an order setting aside consent for service out of the jurisdiction. Held: The judge dismissed the applications to set aside permission to serve the claim form out of the jurisdiction in respect … Continue reading Vidal-Hall and Others v Google Inc: QBD 16 Jan 2014
