Applicants had sought disclosure of information supplied by members of Parliament in support of expenses claims. The Office appealed against an order from the Commissioner to produce that information, saying that the actions of Parliament are not subject to judicial control or review.
Held: The appeal was dismissed. The tribunal had made no error of law. There could be no reasonable expectation by the MPs that their expense claims would not be divulged. The order for the disclosure of addresses save where there were any particular security issues was also lawful.
‘Necessary’ within schedule 2 of paragraph (6) of the 1998 Act reflected the meaning attributed to it by the European Court of Human Rights when justifying an interference with a recognised right, namely, that there should be a pressing social need, and that the interference was both proportionate as to means and fairly balanced as to ends.
Latham LJ P, Blake J
[2008] EWHC 1084 (Admin), Times 22-May-2008, [2009] 3 All ER 403
Bailii
Freedom of Information Act 2000 1 40, Data Protection Act 1998
England and Wales
Citing:
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Appeal from – House of Commons v Information Commissioner IT 9-Aug-2007
The Corporate Officer sought to appeal against orders for the disclosure of the travel expenses of a certain member of parliament. . .
Appeal from – House of Commons v Information Commissioner and Norman Baker MP IT 16-Jan-2007
The corporate office of the House challenged orders from the Information Commissioner for the disclosure of the expenses of members of parliament. . .
Cited by:
Cited – Department of Health, Regina (on The Application of) v Information Commissioner Admn 20-Apr-2011
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 . .
Cited – Oates v Information Commissioner FTTGRC 20-Dec-2013
Whether information held s.1 FOIA – Personal data s.1(1) DPA Personal data s.40 FOIA . .
Cited – South Lanarkshire Council v The Scottish Information Commissioner SC 29-Jul-2013
Commissioner’s Approach not in Breach
In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His . .
Lists of cited by and citing cases may be incomplete.
Information, Constitutional, Human Rights
Leading Case
Updated: 09 November 2021; Ref: scu.267717