The complainant requested to know how many travel warrants were drawn and used by a specific MP between the end of 2002 and the end of 2004. The House of Commons withheld the information on the basis that it was exempt under section 40(2) of the Act. The Commissioner found that the requested information is … Continue reading House of Commons (Decision Notice) FS50090141: ICO 7 Sep 2006
The complainant requested information relating to himself, the Tyldesley Diary and British Library’s internal management report on an incident involving the Tyldesley Diary. The British Library released some information and relied on the exemptions at sections 21, 31, 36(2)(b)(i), 36(2)(b)(ii), 36(2)(c), 40(1), 40(2), 41, 42, 43 to withhold other information. The Commissioner identified that some … Continue reading British Library (Decision Notice): ICO 26 Sep 2011
The complainant requested 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
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
In March 2005 the complainant requested information from Network Rail under the Data Protection Act 1998 regarding flooding adjacent to a railway line. Network Rail refused the request under the Data Protection Act and did not treat it as a request for information under the Freedom of Information Act 2000 or the Environmental Information Regulations … Continue reading Network Rail (Decision Notice) FER0087031: ICO 26 Jul 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
ICO The complainant requested representations provided to Gwynedd Council (‘the Council’) concerning a particular gate and the use of a right of way on which the gate is situated. The Council refused to provide the requested information under regulation 13 of the EIR. The Commissioner has investigated and found that the information is exempt from … Continue reading Gwynedd Council (Decision Notice): ICO 16 Jan 2014
The complainant requested the home addresses for the governors of two local schools. The request was refused on the grounds that the information in question constituted personal data and that to disclose this information would breach the first data . .
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
The respondent operated a web site which contained a chat room. Defamatory remarks were made by a third party through the chat room, and the claimant sought details of the identity of the poster. The respondent refused to do so without a court order. One was applied for, and the claimant was given the information … Continue reading Totalise Plc v The Motley Fool Limited and Interative Investor Limited (2): CA 19 Dec 2001
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
Judges: Lord Justice Floyd, Lord Justice Newey and Lord Justice Arnold Citations: [2020] EWCA Civ 352 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information, Legal Professions Updated: 26 October 2022; Ref: scu.648854
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
Breaches of the Data Protection Act 1998: Failure to respond within statutory timescales Citations: [2014] ScotIC 156 – 2014 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: Scotland Information Updated: 07 October 2022; Ref: scu.535271
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 complainant has made two information requests in which he seeks various information about the handling of a planning complaint and associated information requests that he has made. Leeds City Council disclosed held information in response, but under the terms of the Data Protection Act 1998. The complainant subsequently contested that further information was held … Continue reading Leeds City Council (Local Government): ICO 21 May 2018
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
Judges: Warby J Citations: [2019] EWHC 893 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 17 June 2022; Ref: scu.635988
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 complainant requested details of a specific telephone call made to him by an official working in the Council’s taxi licensing department on a specified date. The complainant asked for a transcript of the call or a telephone bill showing the length and time of the call. South Gloucestershire Council stated that it did not … Continue reading South Gloucestershire Council (Decision Notice): ICO 11 May 2010
The complainant requested copies of any correspondence between council officers or between council officers and councillors that relate in any way to requests for information that he had made about ‘the Challenge panel papers’. The council relied on the exemption under section 36(2)(b)(i) and (ii). The Commissioner investigated and found that a small amount of … Continue reading Harrow Council (Decision Notice): ICO 29 Nov 2011
ICO The complainant requested from Cambridgeshire County Council (the council) its most up to date adopted Policy on access to social care, domiciliary care, health and medical records for a deceased individual. The council disclosed its Data Protection Policy and confirmed it complied with the Data Protection Act 1998, the Freedom of Information Act 2000 … Continue reading Cambridgeshire County Council (Decision Notice): ICO 31 May 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
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
The complainant has requested information relating to an acoustic sound test. Horsham District Council confirmed that information was withheld under regulation 12(5)(b) of the Environmental Information Regulations. The complainant disputed the application of this exception. The Commissioner’s decision is that regulation 12(5)(b) is not engaged. The Commissioner requires the Council to take the following steps … Continue reading Horsham District Council (Local Government (District Council)): ICO 23 Oct 2017
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
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
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
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
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
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
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
ICO The complainant asked the NHS Yorkshire and the Humber Strategic Health Authority (the ‘SHA’) for information regarding the decision of the Leeds East Research Ethics Committee not to reappointment him to that committee. Of the six questions asked, two were considered under the Data Protection Act 1998 and two have been answered to the … Continue reading NHS Yorkshire and The Humber Strategic Health Authority (Decision Notice): ICO 23 Aug 2011
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 claimant had, some 20 years previously, been convicted and sentenced for forgery of a will. The defendants, relatives, had ever since written to those with whom he had dealings to tell them of the conviction and facts. The claimant, unable to sue in defamation, now sought an injunction alleging breach of Data Protection and … Continue reading KJO v XIM: QBD 7 Jul 2011
It was said that the defendant had taken private and confidential material from the claimant’s computer. The claimant sought summary judgement for the return of materials and destruction of copies. The defendant denied that summary judgement was appropriate where the confidential status was in doubt, and where he wished to assert a public interest defence. … Continue reading Imerman v Tchenguiz and Others: QBD 27 Jul 2009
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
Defamation of Labour MP by Unite and Blogger The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the union. The defendants pursued defences … Continue reading Turley v Unite The Union and Another: QBD 19 Dec 2019
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
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
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
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the restraint which had been imposed infringed the human right of free speech. When the 1998 Act was brought in, … Continue reading Cream Holdings Limited and others v Banerjee and others: HL 14 Oct 2004
The plaintiff complained of an alleged slander spoken at a meeting of the Town Council. The council meeting was an occasion attracting qualified privilege. The judge at trial found that the councillor honestly believed that what he had said in the meeting was true but he had become so anxious to have the other councillor … Continue reading Horrocks v Lowe: HL 1974
Co vicariously liable for employee’s data breach A member of the company’s staff had unlawfully disclosed personal details of many company employees. The data consisted of personal information of the defendant’s employees including their names, addresses, gender, dates of birth, phone numbers, national insurance numbers, bank sort codes, bank account numbers and salaries. He copied … Continue reading Wm Morrison Supermarkets Plc v Various Claimants: CA 22 Oct 2018
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
