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 publication of articles in a newspaper describing how a ‘black clerk’ had complained about the allegedly racist comments of two policemen was said to have caused the claimant to receive racist hate mail. Held: The court considered the type of conduct which had to be proved to bring the case within the statute. Publication … Continue reading Thomas v News Group Newspapers Ltd: CA 18 Jul 2001
The defendant police officers had obtained information from the Police National Computer, but had used it for improper purposes. Held: The prosecution should have taken place under the 1990 Act as unauthorised access, and had not been used under the 1984 Act. Judges: Lord Justice Pill And Mr Justice Astill Citations: [1997] EWHC Admin 476, … Continue reading Director of Public Prosecutions v Bignall: Admn 16 May 1997
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
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 claimants had brought proceedings against their former sales manager for accepting bribes and secret commission from outsiders. In support of their claim the claimants had obtained a search and seizure order and a worldwide freezing injunction, apparently using their agents to impersonate the defendant in order to discover information about his Swiss bank accounts. … Continue reading Dubai Aluminium Co Ltd v Al Alawi and Others: ComC 3 Dec 1998
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 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
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 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 court discussed the discretion given under the section: ‘I remind myself, however, that under s 7(9) the claimant would have had to establish that the defendant had failed to comply with a request for disclosure in contravention of s 7(1), and, importantly, that, even in that event, the subsection confers upon the court a … Continue reading P v Wozencroft (Expert Evidence: Data Protection): FD 2002
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 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 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
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 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 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
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
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 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 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
ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of ‘road transport’ – Maximum weekly working … Continue reading Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1): ECJ 5 Oct 2004
ICO The complainant has requested information relating to his own medical history, together with the contact details of the bodies that supervise General Practitioners and any information held about operation ‘Foreigner’. The Practice dealt with the complainant’s right of access to information about his own medical treatment under the provisions of the Data Protection Act … Continue reading Dr Vasserman and The Neaman Practice (Health (Doctors)): ICO 16 Aug 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
The claimant, a succesful businessman and benefitor of charity, had twice applied unsuccessfully to be appointed to the House of Lords. He now sought disclosure of two letters submitted by third parties apparently opposing his appointment. He was content that they be anonymised. Held: The applications came under the exemption from disclosure in relation to … Continue reading Ranger v The House of Lords Appointments Commission: QBD 20 Jan 2015
The applicant had mistakenly disclosed confidential personal information in answer to a data request. It sought an injunction restricting its redistribution after the recipient refused to return it and threatened to pass it on. The defendant said later that he had posted the material back to the IPCC. He failed however to comply with an … Continue reading Independent Police Complaints Commission v Warner and Others: QBD 17 Feb 2012
[2016] UKFTT 2015 – 0266 (GRC) Bailii Data Protection Act 1998 England and Wales Information Updated: 11 January 2022; Ref: scu.560544
Three claimants appealed against refusal of declarations that the response of the police to requests for Criminal Records Bureau enhanced checks, were a disproportionate interference in their right to private and family life, and in particular that the disclosure of old convictions infringed their human rights. Held: The appeals succeeded. The statutory system which required … Continue reading T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others: CA 29 Jan 2013
Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019
Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy agreed with the Respondent, but had withdrawn it following the Bichard inquiry, and replaced … Continue reading Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009
ICO (Central Government) The complainants requested information from the Department for Communities and Local Government (‘DCLG’) relating to a complaint they had made about Arun District Council (‘the council’). DCLG refused to respond to the requests on the basis that they were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). … Continue reading Department for Communities and Local Government – FS50559640: ICO 23 Jul 2015
ICO The complainant has requested correspondence and other information connected with the drafting of legislation whereby the Duchy of Cornwall is not criminally liable under the provisions of the Data Protection Act 1998. The Cabinet Office refused to provide this citing section 35 (government policy exemption) and section 42 (legal professional privilege exemption) as its … Continue reading Cabinet Office (Central Government) FS50554507: ICO 22 Apr 2015
Local government (County council) The complainant has requested information from Derbyshire County Council (the council) regarding the purchase of a specific property. The council refused to provide some of the requested information relying on section 38 of the FOIA as disclosure would prejudice the health and safety of individuals. It also relied on section 41 … Continue reading Derbyshire County Council (Local Government (County Council)): ICO 13 Apr 2015
ICO The complainant has requested information relating to the performance assessment of a doctor carried out by the General Medical Council (GMC). During that assessment the complainant provided a statement which the doctor then commented on. It is the doctor’s comments on her statement that the complainant has requested. The GMC refused to provide the … Continue reading General Medical Council (Local Government (Other)): ICO 9 Mar 2015
ICO Central government The complainant has requested information concerning inspection policies and training held by the Animal and Plant Health Agency (‘APHA’). He has also requested information concerning a Moderation Panel hearing which considered his complaint made to APHA. The request was made as part of a subject access request (‘SAR’). APHA provided a response … Continue reading Animal and Plant Health Agency (Central Government ): ICO 5 Nov 2015
ICO Local government (Borough council) The complainant has requested from Newham Council the total amount it has deducted from its elected councillors’ basic and where applicable special responsibility allowances and passed to funds/accounts controlled by the mayor, the Labour Group or the Labour Party between 6 April 2010 and 5 April 2014. Newham Council has … Continue reading Newham London Borough Council (Local Government (Borough Council)): ICO 13 Jan 2015
Claim for injunctions requiring the Defendant, the publisher of the ‘Solicitors from Hell’ website (‘the Website’), to cease publication of the Website in its entirety and to restrain him from publishing any similar website. Tugendhat J [2011] EWHC 3185 (QB) Bailii Protection from Harassment Act 1997, Data Protection Act 1998 England and Wales Cited by: … Continue reading Law Society and others v Kordowski: QBD 7 Dec 2011
The clamants sought orders under the 1998 Act for disclosure of documents about them by the defendant solicitors and others. The defendants said that the request would require the consideration of a very large number of documents, considering in each case whether they would require discovery and or were protected by legal professional privilege, and … Continue reading Dawson-Damer and Others v Taylor Wessing Llp and Others: ChD 6 Aug 2015
SIC Correspondence Regarding A Complaint – On 10 December 2014, Mr Mackenzie asked the Scottish Public Services Ombudsman (the SPSO) for correspondence sent to and received by the SPSO during its investigation of a complaint. The SPSO withheld the information under section 26(a) of FOISA, on the basis that its disclosure was prohibited by other … Continue reading Mackenzie and Scottish Public Services Ombudsman: SIC 17 Jun 2015
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to disclose the warnings given to him violated the same right. Held: The … Continue reading T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014
Police Data Retention Justifiable The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T complained of the retention of an harassment warning issued against him. The Commissioner now appealed … Continue reading Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001
TTTx Excise duty – Penalty for failure to supply requested information – section 9 FA 1994 – whether requested information reasonably required – section 118B CEMA 1979 – whether provision of requested information prohibited by the Data Protection Act 1998 – whether penalty disproportionate [2012] UKFTT 199 (TC) Bailii England and Wales Customs and Excise … Continue reading Henn-Macrae v Revenue and Customs: FTTTx 15 Mar 2012
Freedom of Information (Scotland) Act 2002 (FOISA) sections 1(1) and (6) (General entitlement); 2(1)(a) and (2)(e)(ii) (Effect of exemptions); 38(1)(b), (2)(a)(i) and (2)(b) and (5) (definition of ‘the data protection principles’, ‘data subject’ and ‘personal data’) (Personal information) Data Protection Act 1998 (the DPA) sections 1(1) (Basic interpretative provisions) (definition of personal data); 2 (Sensitive … Continue reading Howarth and Chief Constable of The Police Service of Scotland: SIC 29 Apr 2015
EAT Victimisation Discrimination: Whistleblowing – UNFAIR DISMISSAL – Automatically unfair reasons The Claimant was an employee of the Respondent and had at one time been an elected shop steward and health and safety representative. He received a concern from a work colleague that his line manager had emailed a large number of documents to her … Continue reading Barton v Royal Borough of Greenwich (Victimisation Discrimination: Whistleblowing): EAT 1 May 2015
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
Triforce Recruitment Ltd has been prosecuted at Westminster Magistrates’ Court for committing an offence of failing to notify under section 17 of the Data Protection Act 1998. The Company, who provide career opportunities for service leavers and ex-forces personnel, was found guilty in its absence for the offence of processing data without having an entry … Continue reading The Alzheimers Society (Enforcement Notices, Charitable and Voluntary) 2016-23: ICO 7 Jan 2016
The claimant sought disclosure of information under the 1998 Act. The defendant said that the application was an abuse of process and an attempt to circumvent the 2003 Act. The claimant had been convicted of involvement in kidnapping and murder in Somalia and was to appeal aganst a sentence of death. The claimant said that … Continue reading Kololo v Commissioner of Police for The Metropolis: QBD 9 Mar 2015
ICO An undertaking to comply with the seventh data protection principle has been signed by Department of Justice Northern Ireland. This follows the sale of a filing cabinet that contained documents originating from within the Northern Ireland Prison service. The documents contained personal data, as defined by section 1 of the Data Protection Act 1998 … Continue reading Department of Justice Northern Ireland (Undertakings ): ICO 19 Jun 2014
The complainant requested a copy of correspondence sent by a third party to Prestatyn Town Council (‘the Council’). The Council withheld the information requested under sections 40(1) and 40(2) of the FOIA. The Commissioner’s decision is that the Council has correctly applied section 40(1) to the request. The Commissioner does not require any steps to … Continue reading Prestatyn Town Council (Local Government (Town Council)): ICO 17 Jun 2015
The Appellant appealed by letter under Section 28 of the Data Protection Act 1998 from the reliance by the Second Respondent on a certificate of the First Respondent that certain of the personal data requested by the Appellant was exempt for the purpose of safeguarding national security in accordance with the terms of that certificate. … Continue reading Nasresfahani v The Secretary of State for The Home Department and Another (Information Rights : Data Protection): UTAA 14 Oct 2014
ECHR Article 10-1 Freedom of expression Injunction against newspaper restraining further publication of article concerning former head of government: violation Facts – The applicant was the limited company Axel Springer AG. Among other activities, it was the publisher of the mass-circulation daily newspaper Bild. The German Chancellor Gerhard Schroder, in power since 1998, had lost … Continue reading Axel Springer Ag v Germany (No 2): ECHR 10 Jul 2014
