Category: Information

Police and Crime Commissioner for Northumbria (Police and Criminal Justice) FS50695300: ICO 26 Sep 2017

The complainant has requested information about any complaints the Police and Crime Commissioner for Northumbria (‘the PCC’) may have received about the Chief Constable of Northumbria Police. The PCC refused to comply with the request, on the grounds that it was vexatious within the meaning of section 14(1) of the FOIA. The Commissioner’s decision is that the PCC was entitled to rely on section 14(1) to refuse to comply with the request. No steps are required.
FOI 14: Not upheld

Citations:

[2017] UKICO FS50695300

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 02 April 2022; Ref: scu.602225

Police and Crime Commissioner for Northumbria (Police and Criminal Justice) FS50682191: ICO 26 Sep 2017

The complainant submitted a request for information composed of nine questions, about the Independent Police Complaints Scrutiny Panel, set up by the Police and Crime Commissioner for Northumbria (‘the PCC’). The PCC disclosed some information in response to the request and withheld some under section 40(2) (personal information) of the FOIA. It also said that compliance with one question would exceed the costs limit at section 12(1) of the FOIA and said that it did not hold the information requested in the remaining questions. The Commissioner’s decision is that the PCC was entitled to withhold information under section 40(2) and that it was entitled to rely on section 12(1) to refuse to comply with one question. She also found that on the balance of probabilities, the PCC does not hold any further information. The Commissioner does not require the PCC to take any steps.
FOI 1: Not upheld FOI 12: Not upheld FOI 40: Not upheld

Citations:

[2017] UKICO FS50682191

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 02 April 2022; Ref: scu.602224

Serafin v Malkiewicz and Others: QBD 24 Nov 2017

Claim for damages and injunctive relief in the torts of libel and misuse of private information in connection with an article published in October 2015 in the Second Defendant’s newspaper, Nowy Czas.
Held: The defence of justification having been established in large part, the claim failed.

Judges:

Jay J

Citations:

[2017] EWHC 2992 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Serafin v Malkiewicz and Others CA 17-May-2019
Appeal from rejection of claim in defamation . .
Lists of cited by and citing cases may be incomplete.

Defamation, Information

Updated: 02 April 2022; Ref: scu.601115

Willow v The Information Commissioner, Ministry of Justice: CA 22 Nov 2017

The appellant social worker appealed from a refusal to release under the 2006 Act of an unredacted copy of the MOJ Minimising and Managing Physical Restraint training manual. The MOJ argued that full disclosure might allow inmates to develop counter techniques.
Held: The appeal failed.

Judges:

Sir Brian Leveson P, McCombe, Nwey LJJ

Citations:

[2017] EWCA Civ 1876

Links:

Bailii

Statutes:

Freedom of Information Act 2000

Jurisdiction:

England and Wales

Information, Prisons, Children

Updated: 01 April 2022; Ref: scu.599605

BBC (Decision Notice) FS50184496: ICO 8 Dec 2009

The complainant requested information on listening figures from the BBC relating to two different programmes broadcast on Radio 3 for several time periods. The BBC refused to provide the requested information on the basis that it was outside the scope of the Act, or in the alternative it was exempt by virtue of section 43(2). The Commissioner has decided that the requested information was held to a significant extent for the purposes of journalism, art or literature. Therefore the BBC was not obliged to comply with Parts I to V of the Act in relation to these requests.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

Citations:

[2009] UKICO FS50184496

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 April 2022; Ref: scu.532367

Brownhills Community Technology College (Decision Notice): ICO 3 Aug 2009

The complainant requested a large quantity of information from the public authority to assist in his case against dismissal. The Commissioner has determined that some of the information requested was the complainant’s personal data and is exempt under section 40(1) of the Freedom of Information Act 2000 (the Act). He has referred it for an assessment under section 42 of the Data Protection Act (the DPA). Of the remaining information the Commissioner is satisfied that it has either now been disclosed to the complainant or else is exempt under section 40(2) of the Act. The Commissioner has, however, found numerous breaches of section 1(1)(a) and section 1(1)(b). He has also found breaches of section 9(3), section 10, section 17(1) and section 17(1)(a). The Commissioner does not require any remedial steps to be taken as he has already asked for information not previously provided to be released to the complainant and is satisfied that this has been done.
Section of Act/EIR and Finding: FOI 1 – Complaint Partly Upheld, FOI 9 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 40 – Complaint Not upheld

Citations:

[2009] UKICO FS50111290

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 April 2022; Ref: scu.532120

BBC (Decision Notice) FS50178273: ICO 8 Dec 2009

The complainant made a request for research carried out by the BBC’s Marketing, Communications and Audiences Unit (MC and A) into audience attitudes, any reports by the MC and A and any communications between the MC and A and the BBC’s individual channel heads. The BBC refused to provide the information in the latter two parts of the request claiming it was outside the scope of the Act as it was held for the purposes of journalism, art or literature. It stated that the BBC was not required to supply information held for the purposes of creating the BBC’s output or information that supports and is closely associated with these creative activities. The Commissioner is satisfied that the information in question was held for the purposes of journalism, art and literature. Therefore the BBC was not obliged to comply with parts I to V of the Act.
Section of Act/EIR and Finding: FOI 1 – Complaint Not upheld

Citations:

[2009] UKICO FS50178273

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 01 April 2022; Ref: scu.532366