Consent Order Citations: [2018] UKFTT 2018 – 0157 (GRC) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 27 June 2022; Ref: scu.630637
Appeal against rejection of claim for access to records held by the claimant’s wife’s solicitors in dispute with him. Judges: Rix LJ Citations: [2002] EWCA Civ 1544 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information, Legal Professions Updated: 27 June 2022; Ref: scu.217705
The complainant’s son died in a traffic incident which occurred on the A1(M) in Hertfordshire in July 2003. Since then he has been in correspondence with the public authority seeking access to information relating to its investigation of this incident. Partial disclosure had been made to him as the father of the deceased (not as … Continue reading Hertfordshire Constabulary (Decision Notice): ICO 28 Feb 2008
The complainant requested information relating to himself, the Tyldesley Diary and British Library’s internal management report on an incident involving the Tyldesley Diary. The British Library released some information and relied on the exemptions at sections 21, 31, 36(2)(b)(i), 36(2)(b)(ii), 36(2)(c), 40(1), 40(2), 41, 42, 43 to withhold other information. The Commissioner identified that some … Continue reading British Library (Decision Notice): ICO 26 Sep 2011
The complainant requested details of the full qualifications, experience and duties of each member of the Department’s Web Design Team by grade. The public authority withheld information about the full qualifications and experience of each member of the Web Design Team under Section 40(2) of the FOI Act on the basis that it was personal … Continue reading Department of Finance and Personnel Ni (Decision Notice): ICO 12 Jul 2005
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
Judges: Warby J Citations: [2019] EWHC 893 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 17 June 2022; Ref: scu.635988
Citations: [2013] UKFTT EA – 2012 – 0171 (GRC Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 11 June 2022; Ref: scu.517859
The complainant has requested information concerning a list of Articles in Directive 95/46/EC (the repealed Data Protection Directive) which the European Commission have alleged were not implemented properly by the UK Government via the provisions in the (repealed) Data Protection Act 1998 and identification of the sections in the 1998 Act to which each allegation … Continue reading Department for Digital, Culture, Media and Sport (Central Government): ICO 5 Feb 2020
The complainant supplied Wycombe District Council (the Council) with an address and a vehicle registration number, together with details of the vehicle make, model and colour, and asked it to confirm whether the Council had issued any penalty charge notices on the vehicle. The Council refused to supply this information, citing section 40(2) of the … Continue reading Wycombe District Council (Decision Notice): ICO 10 Mar 2011
The complainant requested from Darlington Borough Council a copy of the assessment made by the Local Government Ombudsman in relation to a complaint made by a developer of a neighbouring property. The council relied on regulation 12(5)(d) to withhold information. The Commissioner decided that some of the information was the complainant’s personal data and therefore … Continue reading Darlington Borough Council (Decision Notice): ICO 12 May 2011
The respondent sought to transpose the Directive into UK law. The Applicant objected saying that the Directive was invalid. Held: The Directive had been made under Article 95 EC, concerning the internal market. Insofar as the Directive regulated the composition of tobacco products, and their packaging and labelling as Low Tar etc, it was valid. … Continue reading Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd: ECJ 10 Dec 2002
SIC Name of a dog owner – On 3 July 2014, Mr Y asked South Lanarkshire Council (the Council) for the name of the legal owner of a specific dog. The Council withheld this information. Following a review, Mr Y remained dissatisfied and applied to the Commissioner for a decision. The Commissioner investigated and accepted … Continue reading Y v South Lanarkshire Council: SIC 19 Dec 2014
The complainant has requested information held in a named GP’s appraisal regarding a complaint he had made about that GP. The request was considered under the Data Protection Act 1998 and then under the FOIA. Under the DPA, the NHS North Lancashire Teaching Primary Care Trust informed the complainant that the GP’s appraisal did not … Continue reading NHS Commissioning Board (Decision Notice): ICO 3 Sep 2013
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
The complainant submitted a complaint to Hunter’s Bar Junior School about its provision of special educational needs support to his daughter. Under the Data Protection Act 1998 and the FOIA, he then requested information used in the consideration of this complaint. He also requested any public information the school held concerning the involvement of a … Continue reading Hunters Bar Junior School (Decision Notice): ICO 29 May 2013
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
A request was made for a copy of the report of an independent inquiry panel set up to address concerns about the clinical governance of East Sussex Hospitals NHS Trust. The Trust provided a redacted copy, arguing that the withheld information was exempt under section 40 (Personal Data) and that part was subject to a … Continue reading East Sussex Hospitals NHS Trust (Decision Notice): ICO 8 Jun 2006
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
Application by the Defendants for security for costs. Judges: Nugee J Citations: [2016] EWHC 3065 (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 funding loan. … Continue reading Holyoake and Another v Candy and Others: ChD 29 Nov 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 complainant requested details of a specific telephone call made to him by an official working in the Council’s taxi licensing department on a specified date. The complainant asked for a transcript of the call or a telephone bill showing the length and time of the call. South Gloucestershire Council stated that it did not … Continue reading South Gloucestershire Council (Decision Notice): ICO 11 May 2010
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 claimant objected to the retention of data about him as to his attendance at assorted political protests. He had not engaged in criminality. Judges: Gross LJ, Irwin J Citations: [2012] EWHC 1471 (Admin), [2012] HRLR 23 Links: Bailii Statutes: European Convention on Human Rights 8, Data Protection Act 1998 Jurisdiction: England and Wales Cited … Continue reading Catt v The Commissioner of Police of The Metropolis: Admn 30 May 2012
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 complainant requested a breakdown of the amount of money paid by the Office of the Legal Services Ombudsman (‘OLSO’) to its external solicitors to defend itself against a judicial review action brought against the OLSO by him. The OLSO confirmed that it held such information but considered it be exempt from disclosure on the … Continue reading Office of The Legal Services Ombudsman (Decision Notice): ICO 20 Nov 2008
Where information was given by a patient to the pharmacist, and he took the data, stripping out any possibility of the individual being identified, the duty of confidence which attached to the prescription was not breached by the passing on of the reduced quantity information to a third party who wished to provide a statistical … Continue reading Regina v Department of Health, Ex Parte Source Informatics Ltd: CA 21 Dec 1999
The complainant requested copies of any correspondence between council officers or between council officers and councillors that relate in any way to requests for information that he had made about ‘the Challenge panel papers’. The council relied on the exemption under section 36(2)(b)(i) and (ii). The Commissioner investigated and found that a small amount of … Continue reading Harrow Council (Decision Notice): ICO 29 Nov 2011
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 made three requests (dated 14, 15 and 16 May 2007) under the Freedom of Information Act 2000 (the ‘Act’) to the Plymouth Teaching Primary Care Trust (the ‘Trust’) for correspondence and other information relating to suspensions from the Trust. The Trust dealt with the request of 14 May 2007 under the Data Protection … Continue reading Plymouth Teaching Primary Care Trust (Decision Notice): ICO 11 Dec 2008
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
ICO The complainant’s first request was for a breakdown of costs charged by Caerphilly County Borough Council for repairs to his home, its general schedule of rates, and the name of the national reference guideline that it used to determine those rates. The Council provided some information but withheld the remainder under section 43 of … Continue reading Caerphilly County Borough Council (Decision Notice): ICO 24 Mar 2009
ICO The complainant was the subject of a civil proceedings order issued under section 42 of the Supreme Court Act 1981. The complainant asked the public authority for a letter about him which was sent by the judges to the Attorney General’s Office after his court case that initiated this order. The public authority did … Continue reading Her Majestys Courts Service (Decision Notice): ICO 25 Mar 2009
ICO The complainant requested from Cambridgeshire County Council (the council) its most up to date adopted Policy on access to social care, domiciliary care, health and medical records for a deceased individual. The council disclosed its Data Protection Policy and confirmed it complied with the Data Protection Act 1998, the Freedom of Information Act 2000 … Continue reading Cambridgeshire County Council (Decision Notice): ICO 31 May 2011
The complainant requested information held by Wakefield Metropolitan District Council (the council) in relation to the settlement of employment tribunal proceedings brought by six former council employees under the Public Interest Disclosure Act 1998 who were dismissed for whistle blowing. In particular, he asked for the total amount paid to the former employees. The council … Continue reading Wakefield Metropolitan District Council (Decision Notice): ICO 14 Oct 2009
The complainant requested information about a complaint he made against a member of staff. The public authority informed the complainant that this information was exempt under section 40(2) and section 31(g) [sic]. After examining the requested information the Commissioner has determined that the information was in fact exempt by virtue of section 40(1) as it … Continue reading Her Majestys Courts Service (Decision Notice): ICO 18 Dec 2008
The complainant has requested information relating to the actions of a social worker at the London Borough of Enfield Council, the social worker previously reported the theft of a cat which the complainant had taken back to a cat charity after she found that its health was suffering in a care home. No action was … Continue reading London Borough of Enfield (Decision Notice): ICO 8 Jul 2013
The complainant requested information relating to the salaries of senior staff at the public authority. The public authority made limited disclosures within the scope of this request but withheld certain information which would identify individuals’ salaries. It argued that disclosure would be unfair and in contravention of the first principle of the Data Protection Act … Continue reading De Montfort University (Decision Notice): ICO 26 Jun 2008
The complainant requested information on the amount of money his opponent in legal proceedings had received in legal aid. The Legal Services Commission refused the request on the basis that the information constituted personal data about the complainant’s opponent and so was exempt under section 40(2) of the Act. The Commissioner agrees with the LSC … Continue reading Legal Services Commission (Decision Notice): ICO 23 Oct 2006
Claim for misuse of private information, breach of confidence and for alleged breaches of the Data Protection Act 1998. Appeal from strike out of claim as abuse of process. Judges: Nicklin J Citations: [2018] EWHC 1880 (QB) Links: Bailii Jurisdiction: England and Wales Information Updated: 09 May 2022; Ref: scu.620616
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
The complainant requested information from Calderdale Primary Care Trust concerning the date, place and time a named individual had received sex change surgery. The PCT responded in accordance with the provision of section 1(1)(a) of the Freedom of Information Act 2000. The Commissioner considers that the PCT was excluded from its duty to respond to … Continue reading Calderdale Primary Care Trust (Decision Notice): ICO 3 Mar 2011
Leeds County Court – The court considered the extent of the obligation imposed by s 8(2) of the 1998 Act. Held: The data controller is only required under the section to supply the individual with such personal data as is found after a reasonable and proportionate search. Judges: Behrens HHJ Citations: Unreported 24 April 2012 … Continue reading Elliott v Lloyds TSB Bank: 24 Apr 2012
Claims for misuse of private information and alleged breaches of the Data Protection Act 1998 Judges: The Honourable Mr Justice Nicklin Citations: [2022] EWHC 888 (QB) Links: Bailii Jurisdiction: England and Wales Information Updated: 06 May 2022; Ref: scu.675879
The complainant requested information from the North York Moors National Park Authority (the Authority) relating to a planning enforcement matter. The Authority withheld the requested information citing the exceptions in regulations 12(5)(b) (course of justice), 12(5)(e) (commercial confidentiality) and 13(2)(b) (personal information) of the Environmental Information Regulations (EIR). It is accepted by both parties that … Continue reading North York Moors National Park Authority (Decision Notice): ICO 10 Mar 2014
The complainant has requested a report containing complaints made against a Head Teacher at Chirbury Primary School. The School refused to provide the requested information and relied upon section 40(2) of the FOIA. It stated that the information was personal data and its release would breach principle 1 of the Data Protection Act 1998. The … Continue reading Chirbury CE VC Primary School (Decision Notice): ICO 4 Nov 2013
The complainant requested six years of information from the public authority concerning the gender and wages (separating out bonuses paid) of each member of six job classes. The public authority stated that it believed that the information was exempt by virtue of section 43(2) (prejudice to its commercial interests). Three internal reviews were conducted and … Continue reading Warwickshire County Council (Decision Notice): ICO 15 Feb 2011
Allowed Citations: [2018] UKFTT 2017 – 0262 (GRC) Links: Bailii Statutes: Data Protection Act 1998, Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 26 April 2022; Ref: scu.621478
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 claimant appealed against a stay of part of his proceedings relating to the 1998 Act. He questioned whether section 32(4) provided a proper balance of his human rights. Held: The court being in disagreement, the issue was referred to the CJEU. Judges: Sir Terence Etherton MR, Lord Justice McFarlane and Lady Justice Sharp Citations: … Continue reading Stunt v Associated Newspapers Ltd: CA 30 Jul 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 … Continue reading Secretary of State for The Home Department and Another v TLU and Another: CA 15 Jun 2018
The complainant has requested a Memorandum of Understanding, dated 7 October 2015, from St Thomas More Catholic Primary School, Eltham (‘the School’). The School provided part of the document, but redacted in full the section entitled Financial Responsibility under section 40(2) of the FOIA – Third party personal data. The Commissioner’s decision is that only … Continue reading St Thomas More Catholic Primary School, Eltham (Education): ICO 22 Jan 2018
Dismissed Citations: [2018] UKFTT 2017 – 0239 (GRC) Links: Bailii Statutes: Freedom of Information Act 2000, Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 22 April 2022; Ref: scu.617048
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
ICO The complainant made six requests to Surrey County Council (‘the Council’) for information that focussed on a potential working relationship between two named individuals. Two of those requests were for the complainant’s own personal data and were considered under the Data Protection Act 1998 (DPA). The remaining four were considered by the Commissioner under … Continue reading Surrey County Council (Decision Notice): ICO 28 Jun 2011
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
This application raises issues concerning the relationship between the Data Protection Act 1998 and the winding-up of insolvent companies and the duties of liquidators. Held: The Joint Liquidators of a company did not take on the duties of a data controller as regards data held by the company before entering into liquidation Judges: David Richards … Continue reading In re Southern Pacific Personal Loans Ltd: ChD 8 Aug 2013
An application was made at this pre-trial review, by the claimants in two actions, where they had already obtained orders to preserve their anonymity, for orders protecting that anonymity under the defendant’s search engine. Judges: Nicklin J Citations: [2019] QB 344, [2018] EWHC 67 (QB) (Rev 3 Links: Bailii Statutes: Contempt of Court Act 1981 … Continue reading NT1 v Google Llc: QBD 18 Jan 2018
A probation officer who revealed a domestic abuse victim’s new address to the alleged perpetrator has been fined pounds 150 following a prosecution bought by the Information Commissioner’s Office (ICO). Victoria Idowu claimed that she provided the victim’s full name, new address and date of birth, along with the details of the investigating officer, as … Continue reading Idowu (Prosecution): ICO 15 Aug 2013
The complainant made a multipart request to Isle of Wight Council (the council) broadly regarding the school reorganisation project. Some of the requested information was his personal data and was therefore considered under the Data Protection Act 1998 (the DPA). The remainder was considered by the council under the FOIA. The council responded to those … Continue reading Isle of Wight Council (Decision Notice): ICO 8 Aug 2013
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
The complainant requested copies of any correspondence between the council and the Local Government Ombudsman between January 2007 and June 2007. The Commissioner understands that this primarily relates to an investigation carried out by the Ombudsman into allegations of maladministration by the council. A report was published by the Ombudsman on 31 May 2007 as … Continue reading Ryedale District Council (Decision Notice): ICO 13 Jul 2009
The complainant requested a copy of a report written by a senior officer of the public authority regarding an investigation into alleged corruption at Hartlepool Borough Council between 1996 and 1998. The public authority said that it was unable to locate the final report following extensive enquiries but it had located an interim report into … Continue reading Cleveland Police (Decision Notice): ICO 23 Feb 2009
The court was asked as to the liability in damages of information society services, in this case Facebook, for misuse of private information as a result of postings on their sites by third parties. The postings divulged historic sexual ffending. Held: With the passage of time the protection of an offender by prohibiting the disclosure … Continue reading CG v Facebook Ireland Ltd and Another: CANI 21 Dec 2016
Part Allowed Citations: [2018] UKFTT 2017 – 0124 (GRC) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 04 April 2022; Ref: scu.604770
The complainant requested statistical information from the Local Government Ombudsman regarding the work of one individual case officer. The LGO claimed that the information was exempt under sections 40 and 36 and that it also wished to rely on section 12 of the Act. The Commissioner’s decision is that the information is the personal data … Continue reading Local Government Ombudsman (Decision Notice): ICO 4 Nov 2010
The complainants requested information relating to the care of a deceased relative. Some of the information was releasable under the Freedom of Information, while some was more appropriately covered under the terms of the Medical Records Act 1990 or the Data Protection Act 1998. The PCT did not provide the information within 20 working days … Continue reading West Gloucestershire Primary Care Trust (Decision Notice): ICO 23 Mar 2006
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 submitted 2 requests to Bolton Metropolitan Borough Council asking for a range of information relating to properties in a residential cul-de-sac in Bolton. In relation to the first request, the public authority provided some information and confirmed that further information was not held. In relation to the second request, the council refused to … Continue reading Bolton Council (Decision Notice): ICO 8 Mar 2012
The parties disputed the functions of the Commissioner in respect of personal data held by the SSHD for which he claimed exemption from disclosure on the ground of national security. The applicant had sought copies of personal data held about himself, and the Secretary had claimed exemption but had said that the Minister would not … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Information Tribunal and Information Commissioner: Admn 23 Nov 2006
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
The complainant has requested information relating to an application for discretionary relief from non-domestic rates for a specified commercial property. Information was disclosed, with names of some individuals contained in the information redacted, applying the provisions of the exemption at section 40 of FOIA to comply with the requirements of the Data Protection Act 1998 … Continue reading Birmingham City Council (Decision Notice): ICO 22 Mar 2012
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
The complainant requested copies of the legal advice sought by the Department for Communities and Local Government relating to the issue of whether Energy Performance Certificates for private dwellings contain personal data according to the definition in the Data Protection Act 1998. DCLG withheld the legal advice using section 42(1) of the Freedom of Information … Continue reading Department for Communities and Local Government (Decision Notice): ICO 13 Sep 2011
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 transcripts of interviews conducted by the Environment Agency with the Deputy Chief Executive of Heart of England NHS Trust and a senior manager about waste management at the Trust. The complainant also asked for a letter sent by the EA to the Trust in February 2007. The Environment Agency withheld … Continue reading Environment Agency (Decision Notice): ICO 16 Jul 2012
On 2 February 2010 the complainant requested information about the correspondence and communications between the MHRA and another organisation. The MHRA did not respond to this request. After correspondence with the Commissioner, it explained that it believed it was not obliged to respond to this request for information by virtue of section 17(6) because it … Continue reading Medicines and Healthcare Products Regulatory Agency (Decision Notice): ICO 22 Sep 2011
The defendant had been part of an organisation subject to an investigation of child sex abuse. He was cleared of involvement, but had disseminated the confidential reports containing sensitive personal data to support his contention that the process was being misused. He appealed from his conviction under the 1998 Act, saying that the burden of … Continue reading Shepherd v The Information Commissioner: CACD 18 Jan 2019
Invalid [2016] UKFTT 2016 – 302 (GRC) Bailii Data Protection Act 1998 England and Wales Information Updated: 27 January 2022; Ref: scu.572820
Dismissed [2016] UKFTT 2015 – 0245 (GRC) Bailii Data Protection Act 1998 England and Wales Information Updated: 27 January 2022; Ref: scu.572766
Dismissed [2016] UKFTT 2016 – 0155 (GRC) Bailii Data Protection Act 1998, Freedom of Information Act 2000 England and Wales Information Updated: 27 January 2022; Ref: scu.572306
Dismissed [2016] UKFTT 2015 – 0258 (GRC) Bailii Data Protection Act 1998, Freedom of Information Act 2000 England and Wales Information Updated: 27 January 2022; Ref: scu.572303
ICO Mr Tandon has been prosecuted at Manchester Magistrates’ Court for offences of unlawfully obtaining and selling personal data. The defendant, who worked at Lex Autolease Limited emailed personal data of 551 Lex Autolease customers, relating to road traffic accidents, from his former employer’s computer system to his personal email address, which he then sold … Continue reading Tandon (Prosecutions, Finance Insurance and Credit): ICO 2 Nov 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 complainant requested a copy of a file held by the public authority; other related queries were answered. The file was initially withheld under section 40(2) of the FOIA. During the Information Commissioner’s investigation the public authority released more of the file, the remaining redactions again being withheld under section 40(2). The Information Commissioner finds … Continue reading National Archives (Decision Notice): ICO 4 Oct 2012
Allowed [2016] UKFTT 2015 – 0275 (GRC) Bailii Data Protection Act 1998, Freedom of Information Act 2000 England and Wales Information Updated: 18 January 2022; Ref: scu.566169
