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
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
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
Judges: Mr Justice Warby Citations: [2020] EWHC 666 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 17 November 2022; Ref: scu.649902
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
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
The complainant requested information from the Information Commissioner which related to his investigation into case FS50165372. The Commissioner confirmed that he held the relevant information however refused to provide it on the grounds it was exempt from disclosure under section 44(1)(a) of the Freedom of Information Act 2000, by virtue of section 59(1) of the … Continue reading Information Commissioner (Decision Notice): ICO 27 May 2010
Appeal against Information Notices issued under Schedule 36 of Finance Act 2008 – whether the information was reasonably required – whether Data Protection Act 1998 applies- whether Police and Criminal Evidence Act 1984 applies – whether information required is unreasonable and onerous – appeal dismissed Citations: [2011] UKFTT 187 (TC) Links: Bailii Jurisdiction: England and … Continue reading D Midgley and Sons Ltd and Another v Revenue and Customs: FTTTx 17 Mar 2011
Dismissed Citations: [2017] UKFTT 2016 – 0277 (GRC) Statutes: Data Protection Act 1998, Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 13 September 2022; Ref: scu.591361
The applicant sought damages for the defendant having infringed her privacy in several ways, including under the 1998 Act. The defendant argued that she had invited publicity and had misled the public as to her drug problem. A photograch had been taken as she left a drug rehabilitation group meeting. Held: The fact that she … Continue reading Campbell v Mirror Group Newspapers Ltd: QBD 27 Mar 2002
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
Citations: [2013] UKFTT EA – 2013 – 0051 (GRC Links: Bailii Jurisdiction: England and Wales Information Updated: 31 July 2022; Ref: scu.517981
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
Claim for misuse of private information. The central issue is whether the Claimant can have a reasonable expectation of privacy in information that relates to a criminal investigation into his activities. Judges: Nicklin J Citations: [2019] EWHC 970 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Citing: See Also – ZXC … Continue reading ZXC v Bloomberg LP: QBD 17 Apr 2019
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
ICO The complainant requested six pieces of information connected with the investigation of a serious allegation that was made against him. The public authority refused to provide this information citing Section 30(1) (Information obtained during an investigation), Section 38 (Health and Safety), Section 40(1) (Personal Data relating to the applicant) and Section 40(2) (Unfair Disclosure … Continue reading Devon and Cornwall Constabulary (Decision Notice): ICO 7 Nov 2007
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
The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT. Held: A claim should not be struck out where, as here, there were facts in dispute between the parties which might affect the decision. It was … Continue reading Ezsias v North Glamorgan NHS Trust: CA 7 Mar 2007
The claimant asserted that the 1998 Act created rights between the parties that are in substance though not in form of a contractual nature; and rights to compensation for infringement of those primary rights of a nature that did not previously exist in English domestic law. He said that when the defendant had proceesed information … Continue reading Johnson v The Medical Defence Union: CA 28 Mar 2007
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 complainant has requested a copy of the winning tender submission for a gas maintenance and service contract. Central Bedfordshire Council refused the request under the commercial interests exemption. The Commissioner’s decision is that the council wrongly interpreted the scope of the request and that it failed to demonstrate that the commercial interests exemption is … Continue reading Central Bedfordshire Council (Decision Notice): ICO 17 Jan 2013
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 applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989
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
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
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 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 defendant police officers had obtained information from the Police National Computer, but had used it for improper purposes. Held: The prosecution should have taken place under the 1990 Act as unauthorised access, and had not been used under the 1984 Act. Judges: Lord Justice Pill And Mr Justice Astill Citations: [1997] EWHC Admin 476, … Continue reading Director of Public Prosecutions v Bignall: Admn 16 May 1997
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
ICO The complainant requested a report commissioned by the police as part of an investigation into a perjury allegation made by him. The public authority refused to either confirm or deny whether it held information falling within the scope of the request and cited the exemptions provided by sections 30(3) (information relating to investigations), 38(2) … Continue reading West Mercia Police (Decision Notice): ICO 27 Oct 2009
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
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 requested details of a Vehicle and Operator Services Agency (‘VOSA’) examiner’s maintenance report and findings. VOSA refused this request under section 31 of the Freedom of Information Act 2000 (the ‘Act’). During the course of the investigation, VOSA also submitted that the information was exempt under section 32 of the Act. Having considered … Continue reading Vehicle and Operator Services Agency (Decision Notice): ICO 17 Sep 2007
The complainant requested a copy of an internal Audit Report into allegations of financial irregularities made against the former Director of Research Governance of Sheffield Teaching Hospitals NHS Foundation Trust (the ‘Trust’), together with any background material regarding these allegations. This request was made under the Freedom of Information Act 2000 (the ‘Act’). The Trust … Continue reading Sheffield Teaching Hospitals NHS Foundation Trust (Decision Notice): ICO 27 Sep 2007
Judges: Sir David Eady Citations: [2017] EWHC 3368 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Defamation, Information, Jurisdiction Updated: 26 April 2022; Ref: scu.621134
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
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
The passing of sensitive personal information between one police force and another was not a decision subject to obligations which made it subject to judicial review. Information falling short of convictions could properly be passed, and information passed between police forces rather than between police forces and other authorities was subject to lesser controls. There … Continue reading Regina v Chief Constables of C and D, Ex Parte A: QBD 7 Nov 2000
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
UNFAIR DISMISSAL – Reasonableness of dismissal Unfair dismissal – reasonableness of dismissal – section 98(4) Employment Rights Act 1996 The Claimant was dismissed for a reason relating to his conduct arising from an incident outside work, which had led to his arrest and in respect of which he then faced criminal charges. In pursuing his … Continue reading Cooper v National Crime Agency (Unfair Dismissal): EAT 16 Jun 2017
Claims for libel, harassment and for infringement of the Data Protection Act 1998 Judges: Dingemans J Citations: [2017] EWHC 1689 (QB) Links: Bailii Jurisdiction: England and Wales Torts – Other, Information, Defamation Updated: 27 March 2022; Ref: scu.589920
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
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
The complainant and his wife initially requested copies of two incident reports which had been completed by staff members of Southampton University Hospitals NHS Trust (the public authority) in 2001, in relation to alleged abusive and aggressive behaviour by the complainant and his wife. The public authority treated this request, and the subsequent request referred … Continue reading Southampton University Hospitals NHS Trust (Decision Notice): ICO 2 Jul 2007
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
The complainant has requested information from Horsham District Council about the proposed restoration of a quarry site. The Council disclosed some information and withheld the remainder under the exception provided by section 12(4)(e) of the Environmental Information Regulations. The complainant subsequently contested the Council’s application of this exception. The Commissioner’s decision is that part of … Continue reading Horsham District Council (Local Government (District Council)): ICO 24 Jan 2017
The complainant requested a list of the delegates who had attended an event organised by the Eastern Cheshire NHS Primary Care Trust (the ‘PCT’) as part of a programme of public consultation called the Future Health Care Project, together with their contact details and their ‘status information’. The PCT provided a list of the job … Continue reading Central and Eastern Cheshire Primary Care Trust (Decision Notice): ICO 13 Jun 2007
The complainant supplied the Driver and Vehicle Licensing Authority (the ‘DVLA’) with a list of vehicle registration numbers, together with details of the vehicles models and colours, and asked it to confirm whether Welwyn Hatfield District Council had made ‘non-fee paying’ enquiries in order to obtain the details of the registered vehicle keepers of those … Continue reading Driver and Vehicle Licensing Agency (Decision Notice): ICO 26 Jul 2007
FTTGRC Dismissed Citations: [2017] UKFTT 2016 – 0178 (GRC) Links: Bailii Statutes: Data Protection Act 1998, Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 06 February 2022; Ref: scu.578234
The complainant requested under the Freedom of Information Act 2000 (the ‘Act’) a copy of an objection that had been made to him operating a sailing school from a marina owned and operated by the public authority. The public authority refused to disclose this information, stating that this was due to ‘commercial confidentiality’. At the … Continue reading British Waterways Marinas Ltd (Decision Notice): ICO 9 Jul 2007
Disclosure of private company exporter. Citations: [2013] UKFTT 2013 – 0212 (GRC) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 02 February 2022; Ref: scu.514757
The claimants, beneficiaries under Bahamanian trusts, sought disclosure from the solicitors acting for the trustees for information held about them. Citations: [2017] EWCA Civ 74 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 31 January 2022; Ref: scu.575303
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
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
The complainant has made a number of requests for information relating to a dispute between a training service provider and Calderdale College (the College) which culminated in legal proceedings. The College has provided some information but refused to disclose the remainder. The Commissioner has found that a considerable part of the requested information is the … Continue reading Calderdale College (Education (College)): ICO 27 Jul 2016
The applicant had mistakenly disclosed confidential personal information in answer to a data request. It sought an injunction restricting its redistribution after the recipient refused to return it and threatened to pass it on. The defendant said later that he had posted the material back to the IPCC. He failed however to comply with an … Continue reading Independent Police Complaints Commission v Warner and Others: QBD 17 Feb 2012
[2016] UKFTT 2015 – 0266 (GRC) Bailii Data Protection Act 1998 England and Wales Information Updated: 11 January 2022; Ref: scu.560544
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
Claim for injunctions requiring the Defendant, the publisher of the ‘Solicitors from Hell’ website (‘the Website’), to cease publication of the Website in its entirety and to restrain him from publishing any similar website. Tugendhat J [2011] EWHC 3185 (QB) Bailii Protection from Harassment Act 1997, Data Protection Act 1998 England and Wales Cited by: … Continue reading Law Society and others v Kordowski: QBD 7 Dec 2011
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
Triforce Recruitment Ltd has been prosecuted at Westminster Magistrates’ Court for committing an offence of failing to notify under section 17 of the Data Protection Act 1998. The Company, who provide career opportunities for service leavers and ex-forces personnel, was found guilty in its absence for the offence of processing data without having an entry … Continue reading The Alzheimers Society (Enforcement Notices, Charitable and Voluntary) 2016-23: ICO 7 Jan 2016
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
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 complainant requested information held by the ICO in relation to various trade union groups. The ICO confirmed that it held the relevant information but refused to provide it on the grounds that it was exempt from disclosure under section 44(1)(a) of the Freedom of Information Act 2000 by virtue of section 59(1) of the … Continue reading Information Commissioner (Decision Notice): ICO 17 Jan 2011
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 asked Her Majesty’s Courts Service to provide information relating to the job interview of a third party. The public authority refused to disclose this using the exemption under sections 40(2) of the Freedom of Information Act 2000. The Commissioner considers that section 40(2) by virtue of 40(3)(a)(i) was correctly applied in this case … Continue reading Her Majestys Courts Service (Decision Notice): ICO 17 Jan 2011
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
Police and criminal justice The complainant sought reports made by officers of Northumbria Police concerning allegations he made against a District Judge. The complainant also requested copies of forensic reports and correspondence held by the police in relation to his complaint. The Commissioner has examined the requested information and had determined that it is the … Continue reading Northumbria Police (Decision Notice): ICO 17 Mar 2008
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
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
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
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
[2013] UKFTT EA – 2013 – 0095 (GRC Bailii England and Wales Information Updated: 06 December 2021; Ref: scu.517987
[2013] UKFTT EA – 2012 – 0111 (GRC Bailii Information Updated: 26 November 2021; Ref: scu.517812
[2013] UKFTT 2013 – 0051 (GRC) Bailii Information Updated: 23 November 2021; Ref: scu.517261
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
Investigation of claimant was properly disclosed The claimant requested the removal of material naming him from the defendant’s website. Criminal investigations into a company with which he was associated were begun, but then concluded. In the interim, the article was published. The hearing had been in private and the claimant anonymised. Held: The weight to … Continue reading ZXC v Bloomberg Lp: QBD 23 Feb 2017
For the reasons set out, the Public Authority was not obliged to comply with the Complainant’s request for information by reason of sections 14(1) and 14(2) of the Freedom of Information Act 2000. No action is required by the Public Authority. [2011) UKFTT EA – 2010 – 0203 Bailii Freedom of Information Act 2000 1 … Continue reading Lampert v Information Commissioner and Financial Services Authority: FTTGRC 7 Jun 2011
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
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
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
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
The claimant sought disclosure of the names of officials of the Financial Services Authority who had dealt with his complaint. He now appealed against reversal of an order that they be disclosed. Held: The appeal failed. The court approved the Information Commissioner’s Office Data Protection Techinical Guidance which said: ‘It is important to remember that … Continue reading Edem v The Information Commissioner and Another: CA 7 Feb 2014
In each case it was said that the requested patent concerned an invention consisting of a computer program, and was not therefore an invention and was unpatentable. In one case a patent had been revoked on being challenged, and in the other, the appeal was against refusal. Held: Jacob LJ said: ‘the court must approach … Continue reading Aerotel Ltd v Telco Holdings Ltd and others, In re Patent Application GB 0314464.9 in the name of Neal Macrossan Rev 1: CA 27 Oct 2006
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
ECJ Request for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 2, 12 and 13 – Concept of ‘personal data’ – Scope of the right of access of a data subject – Data relating to the applicant for a residence permit and legal … Continue reading YS v Minister voor Immigratie, Integratie en Asiel: ECJ 17 Jul 2014
The request related to the complainant’s occupation of a mill owned by the council, and while much information was provided some was withheld under various exemptions. As the investigation proceeded it became apparent that much, but not all, of the . .
Warby J identified the three issues on which the claimant bore the burden of proof in relation to each defendant on a claim of harassment as: (1) Did the defendant engage in a course of conduct? (2) Did any such course of conduct amount to . .
The complainant submitted a request to the Parliamentary and Health Service Ombudsman for a copy of his late mother’s medical records. These had been provided to the public authority for the purposes of investigating a complaint made against a NHS . .
References: [2013] UKFTT EA_2012_0212 (GRC Links: Bailii Ratio: Last Update: 26-Sep-16 Ref: 517952
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(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 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 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
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
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
