ICO The complainant has requested correspondence and other information connected with the drafting of legislation whereby the Duchy of Cornwall is not criminally liable under the provisions of the Data Protection Act 1998. The Cabinet Office refused to provide this citing section 35 (government policy exemption) and section 42 (legal professional privilege exemption) as its … Continue reading Cabinet Office (Central Government) FS50554507: ICO 22 Apr 2015
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The parties were engaged in ancillary relief proceedings. The Husband complained that the wife had sought to use unlawfully obtained information, and in these proceedings sought delivery up of the material from the wife and her solicitors. He said that the information was subject to professional legal privilege and was otherwise confidential. They had admitted … Continue reading L v L and Hughes Fowler Carruthers: QBD 1 Feb 2007
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
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
The complainants are a firm of solicitors representing clients who are in dispute with the council over their house. The house is close to the intended route of a new section of road and the clients are concerned that this will adversely affect their enjoyment of, and the value of their property. The council provided … Continue reading East Sussex County Council (Decision Notice): ICO 9 Mar 2011
The complainant requested information held by Wakefield Metropolitan District Council (the council) in relation to the settlement of employment tribunal proceedings brought by six former council employees under the Public Interest Disclosure Act 1998 who were dismissed for whistle blowing. In particular, he asked for the total amount paid to the former employees. The council … Continue reading Wakefield Metropolitan District Council (Decision Notice): ICO 14 Oct 2009
The complainant requested information on the amount of money his opponent in legal proceedings had received in legal aid. The Legal Services Commission refused the request on the basis that the information constituted personal data about the complainant’s opponent and so was exempt under section 40(2) of the Act. The Commissioner agrees with the LSC … Continue reading Legal Services Commission (Decision Notice): ICO 23 Oct 2006
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
Restraint on Interference with Burden of Proof The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was heard before … Continue reading Regina v Lambert: HL 5 Jul 2001
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
