The Department had altered the way it reported the incidence of late abortions so as to protect the identities of those involved. It said that the numbers were so small that any detail could lead to identification. Held: (1) The disputed information constituted personal data in the hands of the Department of Health.(2) That the … Continue reading Department of Health v Information Commissioner (Freedom of Information Act 2000): FTTGRC 15 Oct 2009
Citations: [2022] UKFTT 360 (GRC) Links: Bailii Statutes: Freedom of Information Act 2000 24 38 40 Jurisdiction: England and Wales Information Updated: 21 October 2022; Ref: scu.681441
Dismissed :Freedom of Information Act 2000 – Whether information held s.1 FOIA – Personal data s.1(1) DPA – Personal data s.40 FOIA Citations: [2013] UKFTT EA – 2013 – 0047 (GRC Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 03 August 2022; Ref: scu.519446
Freedom of Information Act 2000 – Absolute exemptions – Personal data s.40 – Prohibitions on disclosure s.44 Citations: [2013] UKFTT EA – 2013 – 0161 (GRC Links: Bailii Statutes: Freedom of Information Act 2000 40 44 Jurisdiction: England and Wales Information Updated: 03 August 2022; Ref: scu.519447
Dismissed :Freedom of Information Act 2000 Personal data s40 Prohibitions on disclosure s44 Citations: [2013] UKFTT EA – 2012 – 0039 (GRC Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 31 July 2022; Ref: scu.519442
Qualified Exemptions – s.42 Legal Professional privilege Judges: Robin Callender Smith Citations: [2014] UKFTT 2014 – 0043 (GRC) Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 02 February 2022; Ref: scu.534401
Judges: NJ Warren Citations: [2014] UKFTT 2011 – 0101 (GRC), EA/2011/0101 Links: Bailii Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Citing: See Also – G v Information Commissioner and English Hertitage UTAA 22-May-2013 Tribunal procedure and practice (including UT) – The decision of the First-tier Tribunal (General Regulatory Chamber) following a paper … Continue reading G v Information Commissioner: FTTGRC 1 Jul 2014
FTTGC Dismissed – Formulation or development of government policy s.35(1)(a) – We have decided to dismiss the appeal because the records of meetings of a Task and Finish Group established by the Welsh Assembly Government in 2012 in respect of certain proposed legislation was exempt information under section 35(1)(a) of the Freedom of Information Act … Continue reading Stott v Information Commissioner: FTTGRC 16 Jul 2014
Dismissed – Vexatious or repeated requests s.14 Chris Ryan TJ [2014] UKFTT 2014 – 0089 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540443
Freedom of Information Act 2000 – Duty to confirm or deny s.1(1)(a) Personal data s.40 Law enforcement s.31 Chris Ryan TJ [2014] UKFTT 2014 – 0119 (GRC) Bailii Freedom of Information Act 2000 1(1)(a) 40 31 England and Wales Information Updated: 24 December 2021; Ref: scu.540445
[2014] UKFTT 2014 – 0144 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540435
[2014] UKFTT 2014 – 0154 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540440
[2014] UKFTT 2013 – 0072 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540442
FOIA – Qualified exemptions – prejudice commercial interests section 43(2) Annabel Pilling (Judge) [2014] UKFTT 2014 – 0169 (GRC) Bailii Freedom of Information Act 2000 43(2) England and Wales Information Updated: 24 December 2021; Ref: scu.540448
s36(2)(b)(ii) FOIA (inhibition of the free and frank exchange of views for the purposes of deliberation) Fiona Henderson (Judge [2014] UKFTT 2014 – 0063 (GRC) Bailii Freedom of Information Act 2000 36(2)(b)(ii) England and Wales Information, Health Professions Updated: 24 December 2021; Ref: scu.540449
[2014] UKFTT 2014 – 0114 (GRC) Bailii Freedom of Information Act 2000 England and Wales Cited by: See Also – Khashaba v Information Commissioner (Part Allowed) FTTGRC 15-May-2015 . . Lists of cited by and citing cases may be incomplete. Information Updated: 24 December 2021; Ref: scu.540441
ICO The complainant requested information concerning the relationship between the Department of Health (DOH) and Steria in relation to NHS Shared Business Services (NHS SBS). The Commissioner’s decision is that section 43(1) of the FOIA is not engaged in relation to any of the withheld information. The Commissioner considers that section 43(2) of the FOIA … Continue reading Department of Health (Decision Notice) FS50440895: ICO 30 Oct 2012
The department appealed against an order requiring it to disclose statistical information about late abortions. The department argued that the numbers involved were such that the individual patients involved mighty be identified, and that therefore the information constituted personal data and was exempt under section 40 of the 2000 Act. The claimant had altered its … Continue reading Department of Health, Regina (on The Application of) v Information Commissioner: Admn 20 Apr 2011
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 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
UTAA Tribunal procedure and practice (including UT) – statements of reasons – The public authority was entitled to rely on section 14(1) and to conclude that the request dated 29 May 2010 was vexatious within the meaning of FOIA. The Decision Notice stands.Wikely UTJ said: The common theme underpinning section 14(1), at least insofar as … Continue reading Information Commissioner v Dransfield: UTAA 28 Jan 2013
The complainant has requested salary information relating to staff at Cottesloe School (the School). The School provided the complainant with some information but withheld information under section 40(2) of the Freedom of Information Act 2000 . .
The complainant asked the Home Office to provide information concerning its contract to upgrade its application and enrolment system, forming part of the National Identity Scheme. The public authority provided some information but refused to . .
The complainant requested, under the Freedom of Information Act 2000, some of the relevant correspondence generated in consideration of complaints that she and her father had submitted to the PHSO. The PHSO replied that some of the information . .
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The complainant requested, under the Freedom of Information Act 2000, twelve items of information that related to how his complaint and other complaints of his family were handled by the Trust. The Trust provided some information, explained that it did not hold other information and withheld other information by virtue of sections 12 [the costs … Continue reading Wrightington Wigan and Leigh NHS Foundation Trust (Decision Notice): ICO 2 Aug 2011
ECJ (Grand Chamber) Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Directive 2000/31/EC – Publication of information on the internet – Adverse effect on personality rights – Place where the harmful event occurred or may occur … Continue reading eDate Advertising GmbH v X: ECJ 25 Oct 2011
The complainant made a freedom of information request to the Financial Services Authority (the public authority) to request copies of three reports it had produced in relation to Split Capital Investment Trusts. The public authority refused the request by relying on the exemptions; section 21 (Information accessible by other means); section 40 (Personal information), section … Continue reading Financial Services Authority (Decision Notice): ICO 7 Jul 2011
The complainant submitted a request to the Department of Health, Social Services and Public Safety under the Freedom of Information Act 2000 for information relating to the application process for a position. The Commissioner has investigated the complaint and finds that the DHSSPS was correct to apply section 40(2) by virtue of section 40(3)(a)(i) of … Continue reading Department of Health Social Services and Public Safety (Decision Notice): ICO 2 Oct 2012
The complainant requested information relating to senior post holders at Broxbourne Borough Council. The council supplied some information and withheld other information using the exemption under section 40(2) of the Freedom of Information Act 2000, relating to personal data, and section 21, relating to information that is reasonably accessible by other means. The Commissioner’s decision … Continue reading Broxbourne Borough Council (Decision Notice): ICO 15 Aug 2012
False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011
The complainant requested information held by the National Gallery relating to a drawing known as La Bella Principessa. The gallery disclosed some information and withheld other information using exemptions under the Freedom of Information Act 2000. The exemptions relied on were section 36(2)(b)(i) and (ii), relating to prejudice to the provision of advice and exchange … Continue reading National Gallery (Decision Notice): ICO 22 Jan 2013
The complainant requested various information about WCC’s treatment of her mother. There is no evidence that the Complainant had any right to act on her mother’s behalf, or that her mother has given consent for information about her care to be provided to the Complainant. The Complainant also asked for information about the complaint she … Continue reading Worcestershire County Council (Decision Notice): ICO 31 May 2006
The complainant requested copies of the reports that followed inquiries after homicide. The North West Strategic Health Authority declined to provide the information on the basis of the exemptions contained in sections 21, 40(2), 41 and 44 of the Freedom of Information Act 2000. During the course of the Commissioner’s investigation NHS NW released further … Continue reading North West Strategic Health Authority (Decision Notice): ICO 31 May 2011
The complainant has requested information relating to Barclays Private Bank and money laundering. The Financial Conduct Authority (FCA) refused to provide the requested information under sections 21, 40(2), 43(2) and 44(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the FCA has correctly applied section 21, 40(2), 43(2) and 44(1)(a) … Continue reading Financial Conduct Authority (Decision Notice): ICO 29 Jan 2014
The complainant has requested the evidence submitted by the Central and North West London NHS Foundation Trust (CNWL) to the Coroner in relation to a particular inquest. The Trust confirmed that the evidence submitted to the coroner was witness statements of staff who had been involved with the deceased patient who the inquest related to. … Continue reading Central and North West London NHS Foundation Trust (Decision Notice): ICO 18 Jan 2012
ICO The complainant made a request under the Freedom of Information Act 2000 to Suffolk County Council for a copy of the Combined Aerial Rescue Pump Report. The council refused to disclose this information and applied section 40(2), section 41 and section 43(2). During the course of the Commissioner’s investigation the council withdrew its application … Continue reading Suffolk County Council (Decision Notice): ICO 29 Jun 2011
The complainant requested information from Wiltshire Council relating to the tax records of a particular family. The council said that the information was exempt under section 40(2) of the Freedom of Information Act 2000. The Information Commissioner decided that the council correctly determined that the information was exempt, although it should have cited the exemption … Continue reading Wiltshire Council (Decision Notice): ICO 18 Apr 2012
The complainant asked Trafford Metropolitan Borough Council (‘the Council’) for information about the course of action it followed after it was notified of a GP’s concerns about injuries sustained by her deceased mother, who was in the care of a third party. The Council interpreted this as a general request to view the deceased’s social … Continue reading Trafford Metropolitan Borough Council (Decision Notice): ICO 27 Nov 2007
The complainant has requested information relating to staffing and mentoring at Whitby Community College (the College) and complaints made to the College. The College provided the complainant with some of the requested information but refused to provide some of the information under section 40(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision … Continue reading Whitby Community College (Decision Notice): ICO 19 Jul 2012
The complainant made two requests under the Freedom of Information Act 2000 (the ‘Act’) to East London and The City Mental Health NHS Trust (the ‘Trust’). The first request was for a copy of internal reports into the circumstances surrounding the death of a patient of the Trust (‘Mr A’). The Trust refused to disclose … Continue reading East London and The City Mental Health NHS Trust (Decision Notice): ICO 3 Dec 2007
The complainant made a request for the rating file of a named caravan site. The information requested was withheld under the exemptions at sections 40(2) (personal information), 44(1) (prohibitions on disclosure) and 42(2) (commercial interests) of the Freedom of information Act 2000; also, under the exceptions at 12(3) (personal data), 12(5)(d) (confidentiality of proceedings) and … Continue reading Valuation Office Agency (Decision Notice): ICO 27 May 2010
The complainant made a request to HM Revenue and Customs (HMRC) for information relating to the issue of fraudulently or dishonestly acquiring vehicles VAT-free through the disability scheme. HMRC provided some of the requested information but refused to provide all of the requested information. It explained that some of the information requested was exempt from … Continue reading Her Majestys Revenue and Customs: ICO 27 Apr 2011
The complainant wrote to North East London NHS Strategic Health Authority (the ‘SHA’) regarding an internal inquiry carried out by East London and The City NHS Mental Health Trust (the ‘MHT’) into the death of a patient (‘Mr A’) in 2001, and the subsequent decision not to hold an independent inquiry into his death – … Continue reading NHS London (Decision Notice): ICO 3 Dec 2007
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs. Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This … Continue reading In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995
The complainant requested information from Doncaster College relating to any investigation reports it holds concerning the conduct or financial issues relating to its senior managers over a four year period. The college refused this request under section 40(3) of the Freedom of information Act 2000. The Commissioner has concluded that the college should have cited … Continue reading Doncaster College (Decision Notice): ICO 29 May 2008
The complainant made a request under the Freedom of Information Act 2000 to the Liverpool Women’s NHS Foundation Trust for the text of any compromise agreements it had entered into with doctors and a list of exploratory or illustratory issues which were covered by the compromise agreements. Furthermore the complainant asked the Trust to provide … Continue reading Liverpool Womens NHS Foundation Trust (Decision Notice): ICO 17 Nov 2009
The complainant requested under the Freedom of Information Act 2000 any communications between the public authority and ministers or officials in the Government of Iceland, the Icelandic FSA and the Central Bank of Iceland regarding Landsbanki that were forwarded to the Treasury between 4 October 2008 and 8 October 2008. The public authority provided some … Continue reading Financial Services Authority (Decision Notice): ICO 31 Aug 2011
The complainant made a freedom of information request to the public authority for information it held in relation to concerns it had about the management of the Leeds City Credit Union. The public authority refused the request under section 31 (Law Enforcement); section 40 (Personal information); section 43 (Commercial Interests) and section 44 (Prohibitions on … Continue reading Financial Services Authority (Decision Notice): ICO 1 Sep 2010
The complainant asked Wiltshire Police to provide information relating to an incident which occurred at a railway bridge. The public authority provided a partial response and refused to disclose the remaining information citing the exemptions under sections 40(1) and (5) (personal information) of the Freedom of Information Act 2000. During the course of the Commissioner’s … Continue reading Wiltshire Police (Decision Notice): ICO 6 Oct 2010
The complainant is acting on behalf of the family of a deceased patient (‘Mr A’), and requested a copy of a Root Cause Analysis Report into the circumstances surrounding the deaths of Mr A and another patient (‘Ms B’). This request was made under the Freedom of Information Act 2000 (the ‘Act’) to Hertfordshire Partnership … Continue reading Hertfordshire Partnership NHS Trust (Decision Notice): ICO 2 Jun 2008
The complainant made a request under the Freedom of Information Act 2000 to the Royal Orthopaedic Hospital NHS Foundation Trust for specific information relating to an incident involving a patient. The Trust confirmed or denied whether it held that information under section 1(1)(a) of the Act. After considering the case, the Commissioner’s decision is that … Continue reading Royal Orthopaedic Hospital NHS Foundation Trust (Decision Notice): ICO 3 Dec 2009
The complainant asked the public authority for information about two firms of stockbrokers. The public authority did not hold information about one; provided a small amount of information about the other; and applied the exemptions under sections 44, 43 and 40 of the Freedom of Information Act 2000 to the remaining information. After the Commissioner’s … Continue reading Financial Services Authority (Decision Notice): ICO 18 Nov 2009
ICO The complainant made a freedom of information request to NHS England for the costs of suspending a named doctor. In response NHS England refused to confirm or deny if the requested information was held under section 40(5)(b)(i). The Commissioner’s decision is that section 40(5)(b)(i) was incorrectly applied and NHS England failed to comply with … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)): ICO 28 Jan 2016
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
ICO The complainant requested details of the complaints histories of six named doctors from the General Medical Council (the ‘GMC’). The GMC refused this request under section 40 of the Freedom of Information Act 2000 on the basis that it constituted the personal data of the doctors in question and that to release the information … Continue reading General Medical Council (Decision Notice): ICO 15 Dec 2006
ICO The complainant made a request to the Department of Health regarding the release of details of abortion statistics for 2003, where those abortions had been carried out under ‘ground (e)’. This request was made under the Freedom of Information Act 2000. Some information had already been published by the DoH in the annual abortion … Continue reading Department of Health (Decision Notice): ICO 28 Jul 2008
ICO The Commissioner’s decision in this matter is that the Department of Health (the ‘Department’) did not deal with the complainant’s request in accordance with Part I of the Act in that it failed to comply with its obligations under section 1(1). The Commissioner found that the Department incorrectly applied the exemptions under sections 36(2)(c), … Continue reading Department of Health (Decision Notice): ICO 18 Mar 2008
ICO The complainant made a request to Richmond Adult Community College (the ‘College’) on 26 March 2009 for minutes of meetings for the year 2007. The College refused the request for information as it deemed the request vexatious under section 14 of the Act and furthermore stated that to comply with the request would exceed … Continue reading Richmond Adult Community College (Decision Notice): ICO 26 Apr 2010
ICO The complainant made a freedom of information request to Standards for England (SfE) for a copy of a report concerning the conduct of a named councillor. SfE refused disclosure of the report under section 44 (prohibitions on disclosure) of the Freedom of Information Act 2000, During the course of the Commissioner’s investigation, SfE reconsidered … Continue reading Standards for England (Decision Notice) FS50367497: ICO 31 Aug 2011
The complainant requested under the Freedom of Information Act 2000 (the ‘Act’) some information about a compliance investigation that the MHRA had undertaken. The MHRA replied that it believed that section 44 applied and it withheld the information. It also withheld the name of one of its member’s of staff by virtue of section 40(2). … Continue reading Medicines and Healthcare Products Regulatory Agency (Decision Notice) FS50384738: ICO 22 Aug 2011
The complainant requested under the Freedom of Information Act 2000 the workplace email addresses of all of the University’s staff. The University confirmed that it held the information, but considered that the request was invalid. If the request was not invalid, then it believed sections 14(1), 21(1),38(1) 40(2) and section 44(1) of the Act applied … Continue reading City University (Decision Notice): ICO 23 Jun 2011
ICO The complainant has requested information about NHS South West’s contract with a named company. NHS South West provided the complainant with some of the requested information but withheld some information under section 42 and section 43(2) FOIA. NHS South West became defunct on 1 April 2013. The Department of Health Legacy Management Team has … Continue reading Department of Health (Decision Notice): ICO 30 Jul 2013
The complainant has requested information about Financial Services Authority (FSA) enquiries into an overseas property investment scheme run by [named company]. The FSA refused to provide the requested information under section 40(2), section 42, section 43(2) and section 44(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the FSA has … Continue reading Financial Services Authority (Decision Notice): ICO 26 Mar 2013
ICO The complainant made a request for ministerial diaries. The Department of Health (DoH) provided the complainant with some of the requested information, but made significant redactions under sections 21, 23, 24, 27, 35(1)(a) and (d), 36, 38, 40(2), 41 and 44. The Commissioner’s decision is that the DoH has correctly applied section 23 and … Continue reading Department of Health (Decision Notice): ICO 26 Mar 2013
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
Arrested Person must be told basis of the Arrest Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the felony of stealing a bale of cloth, … Continue reading Christie v Leachinsky: HL 25 Mar 1947
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
The complainant requested information relating to commercial airline pilots convicted of drink driving. The Commissioner’s decision is that the public authority was correct to withhold the information on the basis of the exemption at section 40(2) . .
The complainant requested financial information from Blagdon Parish Council. The council provided some information and said that other information was already available, not available or had been withheld because it was exempt personal information . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The complainant requested information from Broxbourne Borough Council (the council) concerning the council’s remuneration panel. The council provided some information but withheld other information using the exemptions under section 40(2), 36 and 43 . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
