[2014] UKFTT 2014 – 0054 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540432
[2014] UKFTT 2014 – 0033 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540428
Whether information held – section 1 [2014] UKFTT 2012 – 0147 (GRC) Bailii Freedom of Information Act 2000 1 England and Wales Information Updated: 24 December 2021; Ref: scu.540424
Dismissed Freedom of Information Act 2000 [2014] UKFTT 2014 – 0105 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540430
Information request not handled properly. [2014] UKFTT 2014 – 0106 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540433
[2014] UKFTT 2014 – 0145 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540425
Allowed : Freedom of Information Act 2000 [2014] UKFTT 2014 – 0086 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540427
[2014] UKFTT 2014 – 0048 (GRC) Bailii Freedom of Information Act 2000 Information Updated: 24 December 2021; Ref: scu.540421
Dismissed [2014] UKFTT 2014 – 0047 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540405
FTTG FOIA section 40(2) – whether disclosure of personal data would breach the first data protection principle – FOIA section 43(2) – whether disclosure would be likely to prejudice the commercial interests of the public authority Anisa Dhanji TJ [2014] UKFTT 2014 – 0074 (GRC) Bailii Freedom of Information Act 2000 Information Updated: 24 December … Continue reading Kings College London v Information Commissioner (Dismissed Freedom of Information Act 2000): FTTGRC 30 Sep 2014
[2014] UKFTT 2014 – 0060 (GRC) Bailii Freedom of Information Act 2000 Information Updated: 24 December 2021; Ref: scu.540414
Whether information held s.1 Callender Smith TJ [2014] UKFTT 2014 – 0128 (GRC) Bailii Freedom of Information Act 2000 Information Updated: 24 December 2021; Ref: scu.540417
Whether information is held by Buckinghamshire County Council (BCC) – arises from a planning application for a proposed waste incinerator and correspondence which began in October 2012 between Mr Kenneth Kolb (the Appellant) and BCC. 2. Essentially the Appellant believes that BCC held and continues to hold information that it has not disclosed to him. … Continue reading Jonathan Brain v Information Commissioner (Dismissed Freedom of Information Act 2000): FTTGRC 15 Sep 2014
[2014] UKFTT 2014 – 0102 (GRC) Bailii Freedom of Information Act 2000 Information Updated: 24 December 2021; Ref: scu.540420
Dismissed Chris Hughes TJ [2014] UKFTT 2014 – 0088 (GRC) Bailii Freedom of Information Act 2000, Environmental Information Regulations 2004 England and Wales Information Updated: 24 December 2021; Ref: scu.540415
[2014] UKFTT 2014 – 0113 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 24 December 2021; Ref: scu.540422
Application to have claim struck out by consent. [2014] UKFTT 2014 – 0066 (GRC) Bailii The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009 Citing: See Also – Cubells, Regina (on The Application of) v Independent Police Complaints Commission CA 15-Oct-2012 The claimant’s mother had died in hospital. The claimant said that she had … Continue reading Cubells v Information Commissioner (The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009): FTTGRC 17 Jul 2014
The complainant requested information from Salford City Council (the Council) relating to its councillors and the Mayor of Salford. The Council initially refused the requests as vexatious under section 14(1) of the Freedom of Information Act 2000 (the Act). After an internal review the Council provided some of the relevant information it held, refused parts … Continue reading Salford City Council (Local Government (City Council)): ICO 24 Jun 2015
The complainant, and his wife, requested information about a doctor who had previously worked for the public authority. Specifically he asked whether the doctor had been carrying out a six monthly rotation as part of her training for General Practice, whilst working in Huddersfield Royal Infirmary’s Haematology Department in 2003. The public authority refused to … Continue reading Calderdale and Huddersfield NHS Foundation Trust (Decision Notice): ICO 17 Apr 2007
ICO The complainant made a request to the Department of Health (the ‘DoH’) for copies of the minutes of the ‘Adverse Reactions Committee’ from the period January 1986 to December 1992. The DoH provided a redacted copy of these minutes and informed the complainant that information had been withheld under sections 40 and 43. At … Continue reading Department of Health (Decision Notice) FS50149375: ICO 22 Dec 2008
ICO The complainant made a request to the Department of Health (the ‘DoH’) for copies of the minutes of the Joint Committee on Vaccination and Immunisation from the period January 1986 to December 1992. The DoH provided a redacted copy of these minutes and informed the complainant that information had been withheld under sections 40 … Continue reading Department of Health (Decision Notice) FS50149373: ICO 22 Dec 2008
ICO The complainant made a request to the Department of Health (the ‘DoH’) for copies of the minutes of the ‘MMR sub-committee’ from the period January 1986 to December 1992. The DoH provided a redacted copy of these minutes and informed the complainant that information had been withheld under sections 40 and 43. At the … Continue reading Department of Health (Decision Notice) FS50149374: ICO 22 Dec 2008
ICO The complainant made 5 requests between April 2007 and June 2007 under the Freedom of Information Act 2000 (the ‘Act’) to the Medicines and Healthcare Products Regulatory Agency (MHRA) for information relating to the anti-depressant drug Seroxat. The MHRA deemed these requests vexatious in accordance with section 14(1) of the Act. The Commissioner considered … Continue reading Medicines and Healthcare Products Regulatory Agency (Decision Notice): ICO 10 Sep 2008
ICO The complainant requested copies of correspondence exchanged between The Prince of Wales and government ministers at the public authority over an eight month period. The complainant also requested a list and schedule of this correspondence. The public authority initially relied on the interaction of sections 37(1)(a) and 37(2) to refuse to confirm or deny … Continue reading Department of Health (Decision Notice): ICO 21 Dec 2009
ICO The complainant made a request for documents containing discussions in respect of the modernising medical careers initiative with emphasis on information held in relation to proposed variations to the Consultant contract. The public authority disclosed some information but specifically withheld submissions made to Ministers by civil servants in respect of the Consultant contract by … Continue reading Department of Health (Decision Notice): ICO 30 Mar 2009
ICO The complainant requested a copy of any blacklists which London Borough of Hillingdon (the Council) may operate with regards to restricted contact with complainants. The Council refused to disclose the information by virtue of section 40(2) of the Freedom of Information 2000 Act (‘the Act’). During the course of the Commissioner’s investigation the Council … Continue reading Hillingdon London Borough Council (Decision Notice): ICO 21 Dec 2010
ICO The complainant requested a copy of a briefing document prepared for a Minister by a DoH official. The DoH initially cited section 14(1), and refused to deal with the request on the grounds that it was vexatious. During the Commissioner’s investigation he found that some of the requested information was, in fact, the complainant’s … Continue reading Department of Health (Decision Notice): ICO 11 Aug 2010
ICO The complainant made a request to Richmond Adult Community College (the ‘College’) on 26 March 2009 for minutes of meetings for the year 2007. The College refused the request for information as it deemed the request vexatious under section 14 of the Act and furthermore stated that to comply with the request would exceed … Continue reading Richmond Adult Community College (Decision Notice): ICO 26 Apr 2010
The complainant requested under the Freedom of Information Act 2000 the workplace email addresses of all of the University’s staff. The University confirmed that it held the information, but considered that the request was invalid. If the request was not invalid, then it believed sections 14(1), 21(1),38(1) 40(2) and section 44(1) of the Act applied … Continue reading City University (Decision Notice): ICO 23 Jun 2011
ICO The complainant requested a full extract of the minutes from the NHS Management Board in July 2006 that mentioned ‘new management arrangements’ that were referred to in a letter dated 21 August 2006. The public authority provided an extract of the minutes dated 19 July 2006 and confirmed that no further relevant recorded information … Continue reading Department of Health (Decision Notice) FS50326236: ICO 10 Jan 2011
ICO The complainant has requested information relating to the Honours nomination process. The Department for Education (DfE) refused to provide the requested information under section 37(1)(b), 40(2) and 40(4) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the DfE has correctly applied section 37(1)(b) in this case. The Commissioner requires … Continue reading Department for Education (Decision Notice): ICO 26 Sep 2012
ICO The complainant has made a 15 point request for information about counter radicalisation at the University of Keele (the ‘University’). The University provided the complainant with the information requested at point 13 of the request. The University neither confirmed nor denied whether it held the rest of the requested information under section 23(5) and … Continue reading Keele University (Decision Notice): ICO 4 Jan 2012
FTTG FOIA s.40 (5) (b) (I) Data Protection Act, 1998 (‘the DPA’) Schedule 1, Part 1 Requests for personal data. [2013] UKFTT EA – 2013 – 0038 (GRC Bailii Freedom of Information Act 2000, Data Protection Act 1998 England and Wales Citing: See Also – Cubells, Regina (on The Application of) v Independent Police Complaints … Continue reading Cubells v Information Commissioner: FTTGRC 2 Dec 2013
The complainant has requested information relating to the Atlantic Bridge organisation. The Charity Commission said that some of the requested information was not held. It provided the complainant with some of the information requested which was held. It withheld the remaining information under section 31(1)(g) with subsection (2)(c), (f), (g) and (h), section 21, section … Continue reading Charity Commission (Decision Notice): ICO 14 Oct 2013
ICO The complainant has requested a copy of the ‘Contemporaneous Notes’ taken during the Finance Inspection of a named residential care home in 2012 and 2013. The Regulation and Quality Improvement Authority (RQIA) refused to provide the requested information under section 36(2)(b)(i) and (ii) and section 36(2)(c) of the Freedom of Information Act 2000 (FOIA). … Continue reading Regulation and Quality Improvement Authority (Decision Notice): ICO 1 May 2014
ICO The complainant had submitted a request to St Louise’s Comprehensive College (‘the College’) under the Freedom of Information Act 2000 (‘FOIA’) for information about the College’s revised management structure for support staff and details of various meetings held at the College. The Commissioner investigated the complaint and found that the College had failed to … Continue reading St Louises Comprehensive College (Decision Notice): ICO 23 Apr 2014
ICO The complainant has requested information relating to the forfeited pensions under the NHS Pension Scheme Regulations. The Department of Health refused to disclose the information, citing section 40(2) (third party personal data) of the FOIA as its basis for doing so. Following an internal review, the Department disclosed some of the previously withheld information … Continue reading Department of Health (Decision Notice): ICO 11 Mar 2014
ICO The complainant has requested the name of a barrister’s chambers which has been involved in a particular matter and where it is situated. The General Medical Council (GMC) refused to confirm or deny whether the requested information was held under section 40(5) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is … Continue reading General Medical Council (Decision Notice): ICO 27 Feb 2014
ICO The complainant requested information about a report produced for the National Health Service (NHS) Appointments Commission. The Department of Health refused to disclose the information, citing section 40(1) (personal data of applicant) and section 40(2) (third party personal data) of the FOIA as its basis for doing so. Following an internal review, the Department … Continue reading Department of Health (Decision Notice): ICO 18 Feb 2014
The complainant has requested information about two free schools based in Chester. The Department for Education (DfE) refused to provide the requested information under section 36(2)(b)(ii), 36(2)(c), 40(2) and 43(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the DfE has correctly applied section 40(2) FOIA but incorrectly applied section … Continue reading Department for Education (Decision Notice): ICO 13 Feb 2014
For the reasons set out in the Reasons for Decision of the same date as this substituted decision notice, the Public Authority did not comply with its obligation of disclosure under section 1 of the Freedom of Information Act 2000 when it refused, in purported reliance on section 40(2), to provide the Complainant with information … Continue reading Stevens v Information Commissioner: FTTGRC 16 Apr 2014
s.40(2) personal information [2014] UKFTT EA – 2013 – 0248 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521557
[2014] UKFTT EA – 2011 – 0225 (GRC Bailii Freedom of Information Act 2000 England and Wales Information Updated: 30 November 2021; Ref: scu.521540
The complainant has requested an internal report about the conduct/competency of a named psychiatrist. Nottinghamshire Healthcare NHS Trust (the Trust) refused to confirm or deny whether or not the requested information was held under section 40(5) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the Trust was correct to neither … Continue reading Nottinghamshire Healthcare Trust (Decision Notice): ICO 24 Apr 2013
[2013] UKFTT 2013 – 0088 (GRC) Bailii Freedom of Information Act 2000 England and Wales Information Updated: 19 November 2021; Ref: scu.514740
Dismissed s.41 Absolute exemption: Confidential information s.23 Absolute exemption: Information supplied by, or relating to, bodies dealing with security matters s.37(1)(a) to (ad) Absolute exemption: Communications with the Sovereign, Heir to Throne and next in line s.40 Absolute exemption: Personal data s.41 Information provided in confidence s.35(1)(c) Qualified exemption: Advice by Law Officers s.37(1) Qualified … Continue reading Cross v Information Commissioner: FTTGRC 7 Jan 2016
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic sources. Held: The protection of journalistic sources was part of the protection of freedom of expression: ‘protection of … Continue reading Financial Times Ltd and Others v The United Kingdom: ECHR 15 Dec 2009
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 claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014
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 appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting. Held: Voting is a right not a privilege. It was a right central in a democratic society. Though the right is not absolute, any limitation had to be … Continue reading Hirst v United Kingdom (2): ECHR 6 Oct 2005
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011
The claimant sought disclosure of the names of officials of the Financial Services Authority who had dealt with his complaint. He now appealed against reversal of an order that they be disclosed. Held: The appeal failed. The court approved the Information Commissioner’s Office Data Protection Techinical Guidance which said: ‘It is important to remember that … Continue reading Edem v The Information Commissioner and Another: CA 7 Feb 2014
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later trial of others. The plaintiff sought damages in defamation. Held: The documents which … Continue reading Taylor and Others v Director of The Serious Fraud Office and Others: HL 29 Oct 1998
Defamation of Labour MP by Unite and Blogger The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the union. The defendants pursued defences … Continue reading Turley v Unite The Union and Another: QBD 19 Dec 2019
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
Information Rights Section 30(1)(a)(i) of Freedom of Information Act – exemption from disclosure for information held for the purpose of a criminal investigation (ascertaining whether a person should be charged with a criminal offence) – Schedule 7 to the Terrorism Act 2000 – detention and questioning under Schedule 7 not per se a criminal investigation … Continue reading Edward Williams v Information Commissioner;, Chief Constable of Kent Police (Information Rights): UTAA 21 Jun 2021
The claimant journalist had made a freedom of information request to the Charity Commission as to its investigations of a charity under section 8 of the 1993 Act. The Commission claimed absolute exemption under section 32(2). He now appealed against rejection of his application by the Information Tribunal as to most of the material sought. … Continue reading Kennedy v Information Commissioner: Admn 19 Jan 2010
Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018
The claimant was a journalist writing about terrorism. He had interviewed a man with past connections with Al-Qaeda, and he now objected to a production order for documents obtained by him in connecion with his writings. The court had acted on documents he had not seen. He said that a special advocate should have been … Continue reading Malik v Manchester Crown Court and others; Re A: Admn 19 Jun 2008
UTAA Tribunal procedure and practice (including UT) – statements of reasons – The public authority was entitled to rely on section 14(1) and to conclude that the request dated 29 May 2010 was vexatious within the meaning of FOIA. The Decision Notice stands.Wikely UTJ said: The common theme underpinning section 14(1), at least insofar as … Continue reading Information Commissioner v Dransfield: UTAA 28 Jan 2013
Arrested Person must be told basis of the Arrest Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the felony of stealing a bale of cloth, … Continue reading Christie v Leachinsky: HL 25 Mar 1947
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
Dismissed . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
The complainant requested a range of information relating to specific properties in St Catherine’s Avenue in Bletchley. The request was separated into 7 numbered elements. This decision notice is confined to a consideration of the council’s handling . .
The complainant requested financial information from Blagdon Parish Council. The council provided some information and said that other information was already available, not available or had been withheld because it was exempt personal information . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The complainant requested the compensation for loss of office or termination payments provided to senior managers at the BBC who had been made redundant in each of the previous three years. As part of the request, the BBC was asked to provide the . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
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