The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. He had been refused access under the 1998 Act, and now sought access under the Civil Procedure Rules. Held: Though his claim still was for wrongful processing under the 1998 Act, that claim … Continue reading Johnson v Medical Defence Union Ltd: ChD 9 Nov 2004
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 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 the information constituted personal data and was exempt under section 40 of the 2000 Act. The claimant had altered its … Continue reading Department of Health, Regina (on The Application of) v Information Commissioner: Admn 20 Apr 2011
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his personal data held by the bank. The Financial Services Authority disclosed some copies of documents relating to the … Continue reading Durant v Financial Services Authority: CA 8 Dec 2003
The Claimant sued the Council for breach of the Data Protection Act 1998, breach of the General Data Protection Regulation (Regulation (EU) 2016/679), breach of confidence, misuse of private information, and breach of Article 8 of the European Convention on Human Rights. Disclosure of medical records to attendees of child protection conference. Defendant’s application for … Continue reading Stanley v London Borough of Tower Hamlets: QBD 26 Jun 2020
ICO The complainant, who worked for the Council, applied for two internal vacancies, unsuccessfully. He requested some information about the recruitment process, including copies of the application forms submitted by the other applicants, suitably redacted as necessary. The Council refused the request for the application forms, on the grounds that the exemption at section 40(2) … Continue reading Leicester City Council (Decision Notice): ICO 12 Jan 2009
The complainant has requested information relating to the suspension of the former Town Clerk of Oakengates Town Council. The council refused the request, withholding the information under the exemptions for law enforcement, commercial interests and personal data. The Commissioner’s decision is that all the requested information constitutes the personal data of a third party and … Continue reading Oakengates Town Council (Decision Notice): ICO 4 Oct 2012
On 11 September 2007 the complainant requested from The Commission for Local Administration in England (‘CLAE’) copies of legal guidance provided to it by the Department for Communities and Local Government (the ‘DCLG’), the CLAE’s external auditors and/or the Information Commissioner (the ‘Commissioner’) relating to its handling of requests under the Freedom of Information Act … Continue reading Commission for Local Administration In England (Decision Notice): ICO 25 Mar 2008
The claimant sought an injunction to restrain the defendants from broadcasting a film, claiming that it contained confidential material. A journalist working undercover sought to reveal what he said were unhealthy practices in the claimant’s meat processing plant. A claim under defamation would not restrict publication where a defence of justification might be anticipated. The … Continue reading Tillery Valley Foods v Channel Four Television, Shine Limited: ChD 18 May 2004
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The claimant had obtained judgment in default against the respondent in his claim under the 1998 Act. He now appealed as to the levels of damages to be awarded. Judges: Arden, Lloyd, LJJ, Ryder J Citations: [2013] EWCA Civ 333 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information, Damages Updated: 17 … Continue reading Halliday v Creation Consumer Finance Ltd: CA 15 Mar 2013
The claimant’s mother had died in hospital. The claimant said that she had died as a result of failures by doctors, and had asked the coroner and police to investigate his allegation that she had been deliberately harmed to cover up missed diagnoses. The police obtained an independent report which said that there was a … Continue reading Cubells, Regina (on The Application of) v Independent Police Complaints Commission: CA 15 Oct 2012
SIC Application of the Data Protection Act 1998 to independent coal report On 17 January 2014, Mr Smith asked East Ayrshire Council (the Council) for information concerning the application of the Data Protection Act 1998 to an independent coal report. The Council responded by providing some information to Mr Smith and withholding other information under … Continue reading Smith and East Ayrshire Council: SIC 10 Feb 2015
On 6 August 2013, Mr Willson asked the Scottish Public Services Ombudsman (the SPSO) to provide the information it had used to reach certain conclusions in relation to a complaint it had investigated, and for correspondence with the Minister for Transport. The SPSO withheld all information under section 26(a) of FOISA, and upheld this decision … Continue reading David Willson and Scottish Public Services Ombudsman: SIC 26 Nov 2013
The complainant requested information from the Commissioner regarding another complaint which the Commissioner was then considering. In particular, the complainant requested copies of correspondence between the caseworker allocated to this complaint and a public authority. Although the complainant received a prompt response, this did not constitute a proper refusal notice and the complainant therefore requested … Continue reading Information Commissioner (Decision Notice): ICO 31 May 2006
The claimant was the subject of confidential reports prepared by the defendants which were leaked to newspapers causing him damage. He sought leave to amend his claim to add claims for breach of the Data Protection Act and for public misfeasance. Under the Civil Procedure Rules a new claim should be allowed if it is … Continue reading Lord Ashcroft v Attorney General and Department for International Development: QBD 31 May 2002
The defendants appealed against their convictions for conspiracy to facilitate breaches of immigration law, saying that they had been based on evidence obtained by the police from credit reference agencies in breach of their rights under the 1984 Act. Held: The appeals failed. The defendants had expressly agreed in their credit applications and finance agreements … Continue reading Bhatti and Others v Regina: CACD 30 Jul 2015
The complainant has requested information from the ICO which relates to the workers and companies with connections to the North-east of Scotland who were involved in the blacklisting scheme ran by The Consulting Association. The request sought information about the individuals and companies involved and details of what information was recorded on the blacklist. The … Continue reading Information Commissioner (Decision Notice): ICO 8 Oct 2013
The complainant has requested information on the number of complaints being processed under the Data Protection Act 1984 (DPA84) which are still being investigated by the ICO. The ICO informed the complainant that it did not hold any recorded information to answer the request but that the answer to the question was that no individuals … Continue reading Information Commissioner (Decision Notice): ICO 25 Apr 2013
Breaches of the Data Protection Act 1998: Failure to respond within statutory timescales Citations: [2014] ScotIC 156 – 2014 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: Scotland Information Updated: 07 October 2022; Ref: scu.535271
Citations: [2006] UKIT EA – 2005 – 0021 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 05 October 2022; Ref: scu.266762
The Union complained that the defendant operators of a web-site had permitted the sale of its tickets at far above their face value. The Court considerer whether it was proper to make a Norwich Pharmacal order which would entail the disclosure of personal data contrary to the Data Protection Directive and the 1998 Act. Held: … Continue reading Rugby Football Union v Viagogo Ltd: CA 20 Dec 2011
The respondent declined to produce information held about the claimant saying that it was not held within a filing system so as to bring it within the Act. Held: ‘the legislature has taken a policy decision not to bring unstructured files within the general scope of the Directive. ‘ Judges: Laddie, The Hon Mr Justice … Continue reading Smith v Lloyds TSB Bank Plc: ChD 23 Feb 2005
The complainant requested information relating to the ICO’s investigation into the unlawful trade in confidential personal information which was known as Operation Motorman. This included within its scope the names of journalists, the names of publications and types of data linked to transactions identified in the ‘What Price Privacy Now’ report. It also included the … Continue reading Information Commissioner (Decision Notice) FS50419834: ICO 9 Aug 2012
Information relating to graduating students – Mr Ralph Lucas requested from the University of Glasgow (the University) statistical data relating to certain students who had graduated from the University in the academic years 2006/7 to 2008/9 inclusive. The University responded by advising Mr Lucas that it considered the information to be exempt from disclosure in … Continue reading Ralph Lucas and University of Glasgow: SIC 8 Aug 2011
The complainant requested information from Ashfield School about the Chair of Governor’s investigation of a number of his grievances. The Governors have given the complainant some information, principally the minutes of the meeting where the grievances were heard. The complainant stresses that it is Chair’s notes of his investigation and any associated documents related to … Continue reading Ashfield School (Decision Notice): ICO 12 Feb 2008
The claimant complained of the reporting of a sexual encounter which he said was private. Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes … Continue reading Mosley v The United Kingdom: ECHR 10 May 2011
Enforcement notice Citations: [2016] UKFTT 2016 – 0027 (GRC) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 10 September 2022; Ref: scu.563305
Facts Mr Milne wrote to Angus Council requesting all of the information that related to him, including minutes of meetings, internal memos, correspondence and e-mails. Mr Milne was informed on a number of occasions that his request constituted a request for personal information about himself and should be dealt with under the Data Protection Act … Continue reading Milne v Angus Council: SIC 13 Dec 2005
SIC Paul Hutcheon, a journalist with The Sunday Herald, asked the Scottish Parliamentary Corporate Body (the SPCB) for a copy of David McLetchie MSP’s travel claims supporting mileage, air travel, car hire and taxis since 1999. Copies of the travel claims were provided to Mr Hutcheon, but information, including the taxi destinations, was redacted. Mr … Continue reading Hutcheon, The Sunday Herald and Scottish Parliamentary Corporate Body: SIC 6 Oct 2005
The complainant requested, on behalf of his client, copies of internal correspondence between 1 February 2014 and 8 April 2014 in relation to a particular summons served by the Vale of Glamorgan Council (‘the Council’) on his client. The Council withheld the information requested under regulation 12(5)(b) of the EIR. During the course of the … Continue reading Vale of Glamorgan Council (Local Government (District Council)): ICO 5 May 2015
The complainant requested comments made by other residents which he considers resulted in Surrey County Council refusing an amendment to a disabled parking bay zone. The council applied section 41 (information provided in confidence) and section 40(2) (personal data of third parties) and refused his request. On review it upheld that decision. The Commissioner’s decision … Continue reading Surrey County Council (Decision Notice): ICO 16 Aug 2012
SIC Dr X requested from the Scottish Ministers (the Ministers) certain correspondence relating to Dr X. The Ministers responded by treating this as a subject access request under the Data Protection Act 1998. Following a review, as a result of which the Ministers also relied on section 38(1)(a) of FOISA, Dr X remained dissatisfied and … Continue reading Dr X v Scottish Ministers: SIC 20 Apr 2011
The issue was whether ‘data’ within the Data Protection Act 1984 was limited to data in computer-readable form. Held: The offence of the ‘use’ of protected data required something beyond inspection on a computer screen including printout. There is a tension at inter-state level between the need to protect privacy, and the need for free … Continue reading Regina v Brown (Gregory): HL 9 Feb 1996
ICO The complainant requested information relating to bullying complaints at the College and also information about 3 teachers at the College. The College stated that it did not hold information relating to bullying complaints and refused to provide information requested about 3 teachers on the grounds that disclosure would contravene the requirements of the Data … Continue reading Garforth Community College (Decision Notice): ICO 22 Nov 2006
A disgruntled senior employee had divulged on the internet personal details of several thousand employees. The claimants alleged that that had been a breach of the 1998 Act, and that the appellants were vicariously liable for that wrong. Held: The appeal by Morrisons was allowed. The close connection test was answered by looking at what … Continue reading WM Morrison Supermarkets Plc v Various Claimants: SC 1 Apr 2020
Judges: Warby J Citations: [2019] EWHC 1986 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information, Costs Updated: 11 August 2022; Ref: scu.641724
Requirements for Enforcing Consumer Loan Agreement The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could not enforce the agreement, it remained … Continue reading McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009
The complainant requested that the Treasury Solicitor’s Department provided him with the identity of the individual(s) whose allegations culminated in him being declared a vexatious litigant. TSOL refused to disclose the information on grounds provided by section 30 (investigations and proceedings conducted by public authorities) or, in the alternative, section 31 (law enforcement) of the … Continue reading Treasury Solicitors (Decision Notice): ICO 19 Oct 2009
The complainant has requested from Norfolk County Council (‘the council’) the social care records of his late mother. The council relied on the exemption at section 41(1) of the Freedom of Information Act (‘FOIA’) that the information cannot be disclosed as it would constitute an actionable breach of confidence. During the Commissioners investigation, the council … Continue reading Norfolk County Council (Decision Notice): ICO 2 Aug 2012
Claim against private investigator, seeking compliance with the 1988 Act, in particular seeking details of personal information held. Held: ‘The claimants’ SAR is and was valid. There was never any proper basis for questioning its validity. CSD’s failure to disclose any personal data at all represents a breach of the claimants’ rights. The personal data … Continue reading Gurieva and Another v Community Safety Development (UK) Ltd: QBD 6 Apr 2016
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002
Dismissed : Freedom of Information Act 2000 – Appeal dismissed Citations: [2013] UKFTT EA – 2012 – 0236 (GRC, EA/2014/0066 Links: Bailii, ICO Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Citing: See Also – Cubells, Regina (on The Application of) v Independent Police Complaints Commission CA 15-Oct-2012 The claimant’s mother had died … Continue reading Cubells v Information Commissioner: FTTGRC 2 Aug 2013
Citations: [2013] UKFTT 2012 – 0111 (GRC) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 28 July 2022; Ref: scu.471704
The claimants were to be married. They sold the rights to publish photographs of their wedding, but various of the defendants took and published unauthorised pictures. Held: The claimants had gone to lengths to ensure the commercial value of their celebration, and it could attract the protection given in law to confidential matters. What matters … Continue reading Douglas etc v Hello! Ltd etc: ChD 11 Apr 2003
The claimant appealed against the refusal of a privacy order, protecting his identity in his claim. Held: The appeal was refused. That Article 8 was ‘engaged’ was not conclusive of the question whether the claimant enjoyed a reasonable expectation of privacy Judges: Lord Neuberger MR, Etherton, Gross LJJ Citations: [2011] EWCA Civ 808, [2012] EMLR … Continue reading Hutcheson (Formerly Known As ‘KGM’) v News Group Newspapers Ltd and Others: CA 19 Jul 2011
Renewed application for leave to appeal against orders making a limited declaration that there were certain breaches on the defendant’s part of their obligations under the Data Protection Act 1998 in that they did not disclose all disclosable personal data to the claimant within the statutory 40-day time limit, but otherwise his claim for a … Continue reading Ezsias v Welsh Ministers: CA 24 Jun 2008
The complainant requested emails between officials of Wycombe District Council (the Council) relating to the investigation of a complaint made about him. The Council initially refused the request under the exemptions provided by sections 42(1) (legal professional privilege) and 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and exchange of views) … Continue reading Wycombe District Council (Decision Notice): ICO 12 Aug 2013
ICO In this matter the complainant made a series of Freedom of Information requests of the public authority. The requests were refined and the Commissioner has made a decision about three outstanding items. The Commissioner has concluded that all of those items, in this context, constitute the complainant’s personal data and therefore they are exempt … Continue reading University of Leicester (Decision Notice): ICO 23 Dec 2008
Company directors used council employee to illegally access tenants’ details A Slough letting agent and one of its directors who unlawfully obtained details about their tenants from a rogue employee at Slough Borough Council have been found guilty of committing offences under Section 55 of the Data Protection Act 1998 (DPA). At Reading Magistrates today, … Continue reading Sandhu (Prosecution): ICO 30 Mar 2012
The appellant appealed her conviction under the 1998 Act. As a police support worker, she had used the Force’s computer to access information about former boyfriend. She replied that the access was simply for the purpose of ensuring the records were up to date. She now said that to say to her sister that the … Continue reading Regina v Rooney: CA 12 Jul 2006
Barclays Bank employee prosecuted for illegally accessing customer’s account A former Barclays Bank employee has been fined pounds 3,360 after illegally accessing the details of a customer’s account. In one case the employee, Jennifer Addo, found out the number of children the customer had and passed the details to the customer’s then partner, who was … Continue reading Addo (Prosecution): ICO 25 Sep 2013
The Agency rejected a request to provide statistics on certain children, saying that the numbers were so small that individuals might be identified. Held: Since the whole purpose of 2002 Act is the release of information, it should be construed in as liberal a manner as possible. The table setting out the census ward data, … Continue reading Common Services Agency v Scottish Information Commissioner: IHCS 1 Dec 2006
The complainant has made two information requests in which he seeks various information about the handling of a planning complaint and associated information requests that he has made. Leeds City Council disclosed held information in response, but under the terms of the Data Protection Act 1998. The complainant subsequently contested that further information was held … Continue reading Leeds City Council (Local Government): ICO 21 May 2018
EAT Employment Tribunal struck out unfair dismissal claims stating they were bound to fail. The employers had made two applications, one for a deposit to be ordered pursuant to rule 20 of the Employment Tribunal rules, and the second for a strike-out pursuant to rule 18(7)(b) on the grounds that the appeal had no reasonable … Continue reading Ezsias v North Glamorgan NHS Trust: EAT 25 Jul 2006
The claimant wished to bring an action against the defendant enquiry agent, saying that it had obtained unlawful access to details of his bank accounts, and now sought disclosure of documents. The defendant denied wrongdoing, and said it had returned all papers to solicitors. Held: The proposed respondents had not been fully candid, and a … Continue reading Hughes v Carratu International Plc: QBD 19 Jul 2006
The complainants are a firm of solicitors representing clients who are in dispute with the council over their house. The house is close to the intended route of a new section of road and the clients are concerned that this will adversely affect their enjoyment of, and the value of their property. The council provided … Continue reading East Sussex County Council (Decision Notice): ICO 9 Mar 2011
The complainant made requests to East Sussex County Council relating to issues involving his wife. The council cited section 14(1) of the Freedom of Information Act 2000 the exclusion relating to vexatious requests. The council also said that some of the requests should be considered separately under the terms of the Data Protection Act 1998. … Continue reading East Sussex County Council (Decision Notice) FS50469685: ICO 30 Apr 2013
The complainant made requests to East Sussex County Council relating to issues involving his wife. The council cited section 14(1) of the Freedom of Information Act 2000, the exclusion relating to vexatious requests. The council also said that some of the requests should be considered separately under the terms of the Data Protection Act 1998. … Continue reading East Sussex County Council (Decision Notice) FS50466468: ICO 30 Apr 2013
The claimant had been employed as an IT teacher. He was disciplined for testing the school’s computer system and revealing that it was open to abuse by hackers. He complained that this had been a qualifying protected disclosure under the 1996 Act. The claimant now sought leave to appeal. Held: Leave was granted. The single … Continue reading Bolton School v Evans: CA 9 May 2006
The complainant requested various information about WCC’s treatment of her mother. There is no evidence that the Complainant had any right to act on her mother’s behalf, or that her mother has given consent for information about her care to be provided to the Complainant. The Complainant also asked for information about the complaint she … Continue reading Worcestershire County Council (Decision Notice): ICO 31 May 2006
The complainant requested a copy of the public authority’s report into an accident involving their client. Although some information was provided to the complainant under the Data Protection Act 1998 the public authority refused to provide some information on the grounds that it was exempt under section 30(1)(b) of the Freedom of Information Act 2000. … Continue reading Health and Safety Executive (Decision Notice): ICO 28 Mar 2011
PRACTICE AND PROCEDURE – Striking-out/dismissal VICTIMISATION DISCRIMINATION – Whistleblowing An employment judge had not erred in law by deciding that the appellant’s allegation that the respondent employer had subjected the appellant to a detriment by persistently refusing to disclose documents pursuant to a ‘subject access request’ under the then Data Protection Act 1998 had no … Continue reading Akhigbe v Berkeley Homes (Urban Renaissance) Ltd: EAT 26 Feb 2019
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
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
Judges: Lindsay J Citations: [2004] EWHC 63 (Ch), HCO100644 Links: Bailii Statutes: Civil Procedure Rules 44 Jurisdiction: England and Wales Citing: Cited – Ford v GKR Construction and Others CA 22-Oct-1999 Where a party wished to put the other at risk of payment of costs by the making of an offer, it was vital that … Continue reading Douglas and others v Hello! Ltd and others: ChD 23 Jan 2004
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003
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 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
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
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
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 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 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
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
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
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 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
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 claimant alleged that disparaging adverts by the defendant infringed its trade marks and amounted to the tort of malicious falsehood. Held: There was no dispute that the mark had been used. The Act could not be used to prevent any use of another’s trade mark in comparitive advertising. In this case the advertisement, though … Continue reading British Airways Plc v Ryanair Limited: ChD 25 Oct 2000
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
