Category: Information

Medway Council v Root: FD 15 Mar 2018

Applications for injunctions prohibiting the publication of information relating to two children who are now both over 18 years, concerning care proceedings in 2011 when they were made the subject of care orders.

Citations:

[2018] EWHC 1298 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Information, Media

Updated: 24 April 2022; Ref: scu.618395

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

The SSHD appealed on liability from the award of damages after it published on its website statistical and anonymised data about return of asylum and other applicants to their countries of origin. Unfortunately, a link was provided within the data to the non-anonymised data. The claim was at common law for distress and under the 1998 Act.

Judges:

Gross, McFarlane, Coulson LJJ

Citations:

[2018] EWCA Civ 2217

Links:

Bailii

Statutes:

Data Protection Act 1998

Jurisdiction:

England and Wales

Information, Torts – Other

Updated: 24 April 2022; Ref: scu.618389

Warwickshire County Council (Local Government): ICO 4 May 2018

The complainant has requested information held by Warwickshire County Council that relates to the admission process for grammar schools in its area. The council refused the request under the exemption covering vexatious requests-section 14(1). The Commissioner’s decision is that the council has correctly applied section 14(1). The Commissioner does not require the council to take any steps.
FOI 14: Complaint not upheld

Citations:

[2018] UKICO FS50700113

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617842

Warwickshire County Council (Local Government): ICO 21 May 2018

The complainant has requested information from Warwickshire County Council which the Commissioner has decided is the complainant’s personal data. The Commissioner’s decision is that Warwickshire County Council inappropriately applied section 30(2) and 40(2) of the FOIA to the information the complainant seeks.
FOI 40: Complaint upheld FOI 30: Complaint upheld

Citations:

[2018] UKICO FS50714626

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617844

Royal Borough of Kensington and Chelsea (Local Government): ICO 18 May 2018

The complainant requested information about a lease agreement with Holland Park School. The Commissioner’s decision is that the Royal Borough of Kensington and Chelsea failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act (‘the FOIA’). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: issue a substantive response, under the FOIA, to the request.
FOI 10: Complaint upheld

Citations:

[2018] UKICO FS50733831

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617829

Cabinet Office (Central Government): ICO 16 May 2018

The complainant requested information held in relation to the decision to change the name of the Department for Culture, Media and Sport to the Department for Digital, Culture, Media and Sport. The information was withheld by the public authority on the basis of the exemptions at sections 35(1)(a) and 42(1) FOIA. The Commissioner concluded that the public authority was entitled to rely on the exemption at section 42(1) to withhold some of the information but was not entitled to rely on the exemption at section 35(1)(a) to withhold the rest of the information.
FOI 35: Complaint not upheld FOI 42: Complaint upheld

Citations:

[2018] UKICO fs50699814

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617777

Cabinet Office (Central Government): ICO 15 May 2018

The complainant submitted a request to the Cabinet Office for a report generated as a result of a lessons learned exercise into the Exemplar programme, a project concerning the transformation of digital services. The Cabinet Office withheld the information on the basis of section 35(1)(a) (formulation and development of government policy). The Commissioner has concluded that the information is exempt on the basis of section 35(1)(a) but that in all the circumstances of the case the public interest in disclosing the information outweighs the public interest in maintaining the exemption.
FOI 35: Complaint upheld

Citations:

[2018] UKICO fs50713221

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617778

Cabinet Office (Central Government): ICO 14 May 2018

The complainant requested copies of all guidelines issued by the public authority in relation to responding to requests for information concerning cyber-attacks under the FOIA. The public authority withheld the guidance held within the scope of the request on the basis of the exemptions at section 23(1) and section 36(2)(b)(i) and (ii) FOIA. The Commissioner concluded that the public authority was entitled to rely on the exemption at section 23(1). She however found the public authority in breach of the procedural provision in section 10(1) FOIA for failing to respond to the request within 20 working days.
FOI 23: Complaint not upheld

Citations:

[2018] UKICO fs50679772

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617776

BBC (Other): ICO 18 May 2018

The complainant has requested the number of complaints made against Frankie Boyle. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Complaint not upheld

Citations:

[2018] UKICO fs50731459

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617773

BBC (Other): ICO 4 May 2018

The complainant requested information relating to the television production Strictly Come Dancing. The BBC has failed to respond to this request. The Commissioner considers that the BBC breached section 10(1) FOIA in the handling of this request. The Commissioner requires the public authority to provide the complainant with a response to this request in accordance with its obligations under FOIA.
FOI 10: Complaint upheld

Citations:

[2018] UKICO fs50729105

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617772

BBC (Other): ICO 25 May 2018

The complainant requested information relating to a monument of George Orwell. The BBC has failed to respond to this request. The Commissioner considers that the BBC breached section 10(1) FOIA in the handling of this request. The Commissioner requires the public authority to provide the complainant with a response to this request in accordance with its obligations under FOIA.
FOI 10: Complaint upheld

Citations:

[2018] UKICO fs50725917

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617771