Search Results for: Data Protection Act 1998 5

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Bradford Metropolitan District Council (Local Government (District Council)): ICO 11 Mar 2015

The complainant has requested the shotgun licences and firearms certificates of named individuals held by the council in accordance with the Deed relating to sporting rights on Ilkley Moor (2008) (the Deed). The council confirmed that the information was held in relation to some of the named individuals, but refused to provide copies of the … Continue reading Bradford Metropolitan District Council (Local Government (District Council)): ICO 11 Mar 2015

House of Commons (Decision Notice) FS50090141: ICO 7 Sep 2006

The complainant requested to know how many travel warrants were drawn and used by a specific MP between the end of 2002 and the end of 2004. The House of Commons withheld the information on the basis that it was exempt under section 40(2) of the Act. The Commissioner found that the requested information is … Continue reading House of Commons (Decision Notice) FS50090141: ICO 7 Sep 2006

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

Halliday v Creation Consumer Finance Ltd: CA 15 Mar 2013

The claimant had obtained judgment in default against the respondent in his claim under the 1998 Act. He now appealed as to the levels of damages to be awarded. Judges: Arden, Lloyd, LJJ, Ryder J Citations: [2013] EWCA Civ 333 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information, Damages Updated: 17 … Continue reading Halliday v Creation Consumer Finance Ltd: CA 15 Mar 2013

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

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

Smith and East Ayrshire Council: SIC 10 Feb 2015

SIC Application of the Data Protection Act 1998 to independent coal report On 17 January 2014, Mr Smith asked East Ayrshire Council (the Council) for information concerning the application of the Data Protection Act 1998 to an independent coal report. The Council responded by providing some information to Mr Smith and withholding other information under … Continue reading Smith and East Ayrshire Council: SIC 10 Feb 2015

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

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

Smith v Lloyds TSB Bank Plc: ChD 23 Feb 2005

The respondent declined to produce information held about the claimant saying that it was not held within a filing system so as to bring it within the Act. Held: ‘the legislature has taken a policy decision not to bring unstructured files within the general scope of the Directive. ‘ Judges: Laddie, The Hon Mr Justice … Continue reading Smith v Lloyds TSB Bank Plc: ChD 23 Feb 2005

Information Commissioner (Decision Notice) FS50419834: ICO 9 Aug 2012

The complainant requested information relating to the ICO’s investigation into the unlawful trade in confidential personal information which was known as Operation Motorman. This included within its scope the names of journalists, the names of publications and types of data linked to transactions identified in the ‘What Price Privacy Now’ report. It also included the … Continue reading Information Commissioner (Decision Notice) FS50419834: ICO 9 Aug 2012

Information Commissioner (Decision Notice) FS50320645: ICO 1 Mar 2011

The complainant asked the Information Commissioner to provide information with respect to four questions he had submitted. These questions related to entries in the Data Protection Public Register maintained by the Information Commissioner’s Office (the ‘ICO’) and concerned previous complaints he had made to the Commissioner under the Data Protection Act 1998. The Information Commissioner … Continue reading Information Commissioner (Decision Notice) FS50320645: ICO 1 Mar 2011

Milne v Angus Council: SIC 13 Dec 2005

Facts Mr Milne wrote to Angus Council requesting all of the information that related to him, including minutes of meetings, internal memos, correspondence and e-mails. Mr Milne was informed on a number of occasions that his request constituted a request for personal information about himself and should be dealt with under the Data Protection Act … Continue reading Milne v Angus Council: SIC 13 Dec 2005

Hutcheon, The Sunday Herald and Scottish Parliamentary Corporate Body: SIC 6 Oct 2005

SIC Paul Hutcheon, a journalist with The Sunday Herald, asked the Scottish Parliamentary Corporate Body (the SPCB) for a copy of David McLetchie MSP’s travel claims supporting mileage, air travel, car hire and taxis since 1999. Copies of the travel claims were provided to Mr Hutcheon, but information, including the taxi destinations, was redacted. Mr … Continue reading Hutcheon, The Sunday Herald and Scottish Parliamentary Corporate Body: SIC 6 Oct 2005

Vale of Glamorgan Council (Local Government (District Council)): ICO 5 May 2015

The complainant requested, on behalf of his client, copies of internal correspondence between 1 February 2014 and 8 April 2014 in relation to a particular summons served by the Vale of Glamorgan Council (‘the Council’) on his client. The Council withheld the information requested under regulation 12(5)(b) of the EIR. During the course of the … Continue reading Vale of Glamorgan Council (Local Government (District Council)): ICO 5 May 2015

Lin and Another v Commissioner of Police for The Metropolis: QBD 25 Aug 2015

The claimants were facing capital charges in Thailand. They sought the release of information held by the defendant to assist in their defence on charges of the murder of two British tourists. In particular a report had been prepared by the MPS about the investigation in Thailand after doubts about the investigation. The MPS aid … Continue reading Lin and Another v Commissioner of Police for The Metropolis: QBD 25 Aug 2015

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

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

Ezsias v North Glamorgan NHS Trust: EAT 25 Jul 2006

EAT Employment Tribunal struck out unfair dismissal claims stating they were bound to fail. The employers had made two applications, one for a deposit to be ordered pursuant to rule 20 of the Employment Tribunal rules, and the second for a strike-out pursuant to rule 18(7)(b) on the grounds that the appeal had no reasonable … Continue reading Ezsias v North Glamorgan NHS Trust: EAT 25 Jul 2006

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

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

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

Department for Digital, Culture, Media and Sport (Central Government): ICO 5 Feb 2020

The complainant has requested information concerning a list of Articles in Directive 95/46/EC (the repealed Data Protection Directive) which the European Commission have alleged were not implemented properly by the UK Government via the provisions in the (repealed) Data Protection Act 1998 and identification of the sections in the 1998 Act to which each allegation … Continue reading Department for Digital, Culture, Media and Sport (Central Government): ICO 5 Feb 2020

Dubai Aluminium Co Ltd v Al Alawi and Others: ComC 3 Dec 1998

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

Her Majestys Courts Service (Decision Notice): ICO 25 Mar 2009

ICO The complainant was the subject of a civil proceedings order issued under section 42 of the Supreme Court Act 1981. The complainant asked the public authority for a letter about him which was sent by the judges to the Attorney General’s Office after his court case that initiated this order. The public authority did … Continue reading Her Majestys Courts Service (Decision Notice): ICO 25 Mar 2009

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

Warwickshire County Council (Decision Notice): ICO 15 Feb 2011

The complainant requested six years of information from the public authority concerning the gender and wages (separating out bonuses paid) of each member of six job classes. The public authority stated that it believed that the information was exempt by virtue of section 43(2) (prejudice to its commercial interests). Three internal reviews were conducted and … Continue reading Warwickshire County Council (Decision Notice): ICO 15 Feb 2011

Secretary of State for The Home Department and Another v TLU and Another: CA 15 Jun 2018

The SSHD appealed on liability from the award of damages after it published on its website statistical and anonymised data about return of asylum and other applicants to their countries of origin. Unfortunately, a link was provided within the data to the non-anonymised data. The claim was at common law for distress and under the … Continue reading Secretary of State for The Home Department and Another v TLU and Another: CA 15 Jun 2018

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

Cabinet Office (Central Government) FS50650170: ICO 5 Apr 2017

The complainant requested information from the Cabinet Office in relation to a Subject Access Request (SAR) he had submitted under the provisions of the Data Protection Act 1998 (DPA). The Cabinet Office refused the request under section 14(1) of the Freedom of Information Act 2000 (the Act) as it considered the request to be vexatious. … Continue reading Cabinet Office (Central Government) FS50650170: ICO 5 Apr 2017

NHS Commissioning Board (NHS England) (Health (NHS)) FS50640679: ICO 9 Mar 2017

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

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

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

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

Dr Vasserman and The Neaman Practice (Health (Doctors)): ICO 16 Aug 2016

ICO The complainant has requested information relating to his own medical history, together with the contact details of the bodies that supervise General Practitioners and any information held about operation ‘Foreigner’. The Practice dealt with the complainant’s right of access to information about his own medical treatment under the provisions of the Data Protection Act … Continue reading Dr Vasserman and The Neaman Practice (Health (Doctors)): ICO 16 Aug 2016

Ranger v The House of Lords Appointments Commission: QBD 20 Jan 2015

The claimant, a succesful businessman and benefitor of charity, had twice applied unsuccessfully to be appointed to the House of Lords. He now sought disclosure of two letters submitted by third parties apparently opposing his appointment. He was content that they be anonymised. Held: The applications came under the exemption from disclosure in relation to … Continue reading Ranger v The House of Lords Appointments Commission: QBD 20 Jan 2015

Department for Communities and Local Government – FS50559640: ICO 23 Jul 2015

ICO (Central Government) The complainants requested information from the Department for Communities and Local Government (‘DCLG’) relating to a complaint they had made about Arun District Council (‘the council’). DCLG refused to respond to the requests on the basis that they were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). … Continue reading Department for Communities and Local Government – FS50559640: ICO 23 Jul 2015

Cabinet Office (Central Government) FS50554507: ICO 22 Apr 2015

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

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

General Medical Council (Local Government (Other)): ICO 9 Mar 2015

ICO The complainant has requested information relating to the performance assessment of a doctor carried out by the General Medical Council (GMC). During that assessment the complainant provided a statement which the doctor then commented on. It is the doctor’s comments on her statement that the complainant has requested. The GMC refused to provide the … Continue reading General Medical Council (Local Government (Other)): ICO 9 Mar 2015

Animal and Plant Health Agency (Central Government ): ICO 5 Nov 2015

ICO Central government The complainant has requested information concerning inspection policies and training held by the Animal and Plant Health Agency (‘APHA’). He has also requested information concerning a Moderation Panel hearing which considered his complaint made to APHA. The request was made as part of a subject access request (‘SAR’). APHA provided a response … Continue reading Animal and Plant Health Agency (Central Government ): ICO 5 Nov 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

Dawson-Damer and Others v Taylor Wessing Llp and Others: ChD 6 Aug 2015

The clamants sought orders under the 1998 Act for disclosure of documents about them by the defendant solicitors and others. The defendants said that the request would require the consideration of a very large number of documents, considering in each case whether they would require discovery and or were protected by legal professional privilege, and … Continue reading Dawson-Damer and Others v Taylor Wessing Llp and Others: ChD 6 Aug 2015

Mackenzie and Scottish Public Services Ombudsman: SIC 17 Jun 2015

SIC Correspondence Regarding A Complaint – On 10 December 2014, Mr Mackenzie asked the Scottish Public Services Ombudsman (the SPSO) for correspondence sent to and received by the SPSO during its investigation of a complaint. The SPSO withheld the information under section 26(a) of FOISA, on the basis that its disclosure was prohibited by other … Continue reading Mackenzie and Scottish Public Services Ombudsman: SIC 17 Jun 2015

Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015

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

Henn-Macrae v Revenue and Customs: FTTTx 15 Mar 2012

TTTx Excise duty – Penalty for failure to supply requested information – section 9 FA 1994 – whether requested information reasonably required – section 118B CEMA 1979 – whether provision of requested information prohibited by the Data Protection Act 1998 – whether penalty disproportionate [2012] UKFTT 199 (TC) Bailii England and Wales Customs and Excise … Continue reading Henn-Macrae v Revenue and Customs: FTTTx 15 Mar 2012

Howarth and Chief Constable of The Police Service of Scotland: SIC 29 Apr 2015

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

Barton v Royal Borough of Greenwich (Victimisation Discrimination: Whistleblowing): EAT 1 May 2015

EAT Victimisation Discrimination: Whistleblowing – UNFAIR DISMISSAL – Automatically unfair reasons The Claimant was an employee of the Respondent and had at one time been an elected shop steward and health and safety representative. He received a concern from a work colleague that his line manager had emailed a large number of documents to her … Continue reading Barton v Royal Borough of Greenwich (Victimisation Discrimination: Whistleblowing): EAT 1 May 2015

Kololo v Commissioner of Police for The Metropolis: QBD 9 Mar 2015

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

Prestatyn Town Council (Local Government (Town Council)): ICO 17 Jun 2015

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

Nasresfahani v The Secretary of State for The Home Department and Another (Information Rights : Data Protection): UTAA 14 Oct 2014

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

Lancashire Constabulary (Decision Notice) FS50174035: ICO 14 Sep 2009

ICO The complainant made a six-part request for information to Lancashire Constabulary. The Constabulary cited section 14 of the Act and refused to provide the requested information on the grounds that the request was vexatious. The Commissioner has decided that the Constabulary was incorrect to rely on section 14 of the Act at the time … Continue reading Lancashire Constabulary (Decision Notice) FS50174035: ICO 14 Sep 2009

American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

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

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

Hounslow London Borough Council (Local Government (Borough Council)): ICO 7 Jul 2015

The complainant has requested information from the London Borough of Hounslow (‘the Council’) relating to a Penalty Charge Notice (PCN). The Commissioner’s decision is that the Council incorrectly handled requests 1 and 12 under the FOIA. These two requests should have been handled under the Data Protection Act 1998 (DPA) as they seek the requesters … Continue reading Hounslow London Borough Council (Local Government (Borough Council)): ICO 7 Jul 2015

ZXC v Bloomberg Lp: CA 15 May 2020

Privacy Expecation during police investigations Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further identified the Claimant as the subject of a criminal investigation. The court was … Continue reading ZXC v Bloomberg Lp: CA 15 May 2020

Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012

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

Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

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

Deer v University of Oxford: CA 6 Feb 2015

The claimant had previously succeeded in a claim of sex discrimination against the University, her former employer. She now appealed against rejection of her claims alleging later victimisation. Held: Two appeals succeed, and those matters remitted to the tribunal for reconsideration: ‘I do not see why not: if the appellant were able to establish that … Continue reading Deer v University of Oxford: CA 6 Feb 2015

APG v Information Commissioner and The Ministry of Defence: UTAA 15 Apr 2011

UTAA Freedom of Information Act 2000 – cost of compliance and appropriate limit – time for compliance – refusal notice – exemption where cost of compliance exceeds appropriate limit – late reliance on exemptions – code of practice – advice and assistance – qualified exemptions – legal professional privilege – defence – international relations – … Continue reading APG v Information Commissioner and The Ministry of Defence: UTAA 15 Apr 2011

Mosley v Google Inc and Another: QBD 15 Jan 2015

The claimant had successfully pursued action against a newpaper’s publication of a film of him engaging in sex with prostitutes, but others had retained copies of the film on-line. He now pursued an action against the search engine to oblige them to exclude such unauthorised films from their results. The defendant accepted that it operated … Continue reading Mosley v Google Inc and Another: QBD 15 Jan 2015

Acts

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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

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

Shepherd v The Information Commissioner: CACD 18 Jan 2019

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

Stanley v London Borough of Tower Hamlets: QBD 26 Jun 2020

The Claimant sued the Council for breach of the Data Protection Act 1998, breach of the General Data Protection Regulation (Regulation (EU) 2016/679), breach of confidence, misuse of private information, and breach of Article 8 of the European Convention on Human Rights. Disclosure of medical records to attendees of child protection conference. Defendant’s application for … Continue reading Stanley v London Borough of Tower Hamlets: QBD 26 Jun 2020

Leander v Sweden: ECHR 26 Mar 1987

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

Sandwell Homes Limited (Decision Notice): ICO 17 Nov 2011

ICO The complainant has requested information relating to an incident that occurred and the decision of Sandwell Homes Limited (Sandwell) not to take action against an individual. The Commissioner’s decision is that Sandwell has correctly relied on section 40(2) (third party personal data) of FOIA to withhold all information that does not constitute the complainant’s … Continue reading Sandwell Homes Limited (Decision Notice): ICO 17 Nov 2011

Leicester City Council (Decision Notice): ICO 12 Jan 2009

ICO The complainant, who worked for the Council, applied for two internal vacancies, unsuccessfully. He requested some information about the recruitment process, including copies of the application forms submitted by the other applicants, suitably redacted as necessary. The Council refused the request for the application forms, on the grounds that the exemption at section 40(2) … Continue reading Leicester City Council (Decision Notice): ICO 12 Jan 2009

Oakengates Town Council (Decision Notice): ICO 4 Oct 2012

The complainant has requested information relating to the suspension of the former Town Clerk of Oakengates Town Council. The council refused the request, withholding the information under the exemptions for law enforcement, commercial interests and personal data. The Commissioner’s decision is that all the requested information constitutes the personal data of a third party and … Continue reading Oakengates Town Council (Decision Notice): ICO 4 Oct 2012

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

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

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

Information Commissioner (Decision Notice): ICO 31 May 2006

The complainant requested information from the Commissioner regarding another complaint which the Commissioner was then considering. In particular, the complainant requested copies of correspondence between the caseworker allocated to this complaint and a public authority. Although the complainant received a prompt response, this did not constitute a proper refusal notice and the complainant therefore requested … Continue reading Information Commissioner (Decision Notice): ICO 31 May 2006

Lord Ashcroft v Attorney General and Department for International Development: QBD 31 May 2002

The claimant was the subject of confidential reports prepared by the defendants which were leaked to newspapers causing him damage. He sought leave to amend his claim to add claims for breach of the Data Protection Act and for public misfeasance. Under the Civil Procedure Rules a new claim should be allowed if it is … Continue reading Lord Ashcroft v Attorney General and Department for International Development: QBD 31 May 2002

West Yorkshire Police (Decision Notice): ICO 19 Dec 2007

The complainant is seeking information that he asserts was provided to third parties in relation to cases that he was involved in during the 1970s and 1980s and which he believes is held by West Yorkshire Police. The Commissioner understands that these cases related to a number of employment issues and an allegation of theft. … Continue reading West Yorkshire Police (Decision Notice): ICO 19 Dec 2007

Information Commissioner (Decision Notice): ICO 8 Oct 2013

The complainant has requested information from the ICO which relates to the workers and companies with connections to the North-east of Scotland who were involved in the blacklisting scheme ran by The Consulting Association. The request sought information about the individuals and companies involved and details of what information was recorded on the blacklist. The … Continue reading Information Commissioner (Decision Notice): ICO 8 Oct 2013

Crown Prosecution Service (Decision Notice): ICO 28 Mar 2011

The complainant asked the Crown Prosecution Service to provide information relating to the prosecution of a named individual. The public authority refused to disclose this using the exemptions under sections 30, 40 and 42 of the Freedom of Information Act 2000. The Commissioner’s decision is that the exemption in section 40(2) is engaged for the … Continue reading Crown Prosecution Service (Decision Notice): ICO 28 Mar 2011

Lord, Regina (on the Application of) v Secretary of State for the Home Department: Admn 1 Sep 2003

The claimant was a category A prisoner serving a sentence of life imprisonment for murder. He sought the reasons for his categorisation as a Class A prisoner. Unhappy at the disclosure made, he sought information under the 1998 Act. It was argued that disclosure beyong ‘gist’ reports would threaten the system of categorisation, which was … Continue reading Lord, Regina (on the Application of) v Secretary of State for the Home Department: Admn 1 Sep 2003