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Financial Conduct Authority (Local Government (Other)): ICO 30 Mar 2015

The complainant has requested information about which company supplied indemnity cover to the [named company] during the period of 2009 and 2010. The Financial Conduct Authority (FCA) refused to provide the requested information under section 44(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the FCA correctly applied section 44(2) … Continue reading Financial Conduct Authority (Local Government (Other)): ICO 30 Mar 2015

Health and Safety Executive for Northern Ireland (Decision Notice): ICO 8 Dec 2008

ICO On 18 June 2005 the complainant requested information from the Health and Safety Executive Northern Ireland (The ‘HSENI’) in relation his accident at work. The HSENI withheld the information on the basis that it is exempt under section 44 of the Freedom of Information Act 2000 (‘the Act’). The Commissioner is satisfied that the … Continue reading Health and Safety Executive for Northern Ireland (Decision Notice): ICO 8 Dec 2008

Wrightington Wigan and Leigh NHS Foundation Trust (Decision Notice): ICO 2 Aug 2011

The complainant requested, under the Freedom of Information Act 2000, twelve items of information that related to how his complaint and other complaints of his family were handled by the Trust. The Trust provided some information, explained that it did not hold other information and withheld other information by virtue of sections 12 [the costs … Continue reading Wrightington Wigan and Leigh NHS Foundation Trust (Decision Notice): ICO 2 Aug 2011

Tower Hamlets Homes (Decision Notice) FS50369379: ICO 16 Aug 2011

The complainant asked the Tower Hamlets Homes to provide information relating to its technical services. The public authority provided some information but maintained that further information was exempt by virtue of section 21 of the Freedom of Information Act 2000, being already available to the complainant. It also advised that some information was not held. … Continue reading Tower Hamlets Homes (Decision Notice) FS50369379: ICO 16 Aug 2011

Tower Hamlets Homes (Decision Notice) FS50369381: ICO 16 Aug 2011

The complainant asked Tower Hamlets Homes to provide information relating to its technical services. The public authority provided some information but maintained that further information was exempt by virtue of section 12 of the Freedom of Information Act 2000 (cost of compliance would exceed the appropriate limit). During the investigation the public authority sought to … Continue reading Tower Hamlets Homes (Decision Notice) FS50369381: ICO 16 Aug 2011

eDate Advertising GmbH v X: ECJ 25 Oct 2011

ECJ (Grand Chamber) Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Directive 2000/31/EC – Publication of information on the internet – Adverse effect on personality rights – Place where the harmful event occurred or may occur … Continue reading eDate Advertising GmbH v X: ECJ 25 Oct 2011

Student Loans Company Ltd (Decision Notice): ICO 4 Feb 2009

The complainant made a request under the Freedom of Information Act 2000 to the Student Loans Company on 28 December 2006 for a document entitled CLASS Training Manual. The Company refused to provide this information to the complainant citing the exemption contained at section 43 of the Act relating to commercial interests. The Company’s refusal … Continue reading Student Loans Company Ltd (Decision Notice): ICO 4 Feb 2009

Department for Work and Pensions (Central Government): ICO 17 Sep 2015

The complainant requested peer review documents carried out by the Department for Work and Pensions (the DWP) following the death of a benefit claimant. The DWP refused the request under section 44 of the Freedom of Information Act 2000 (the Act) as disclosure was prohibited by section 123 of the Social Security Administration Act 1992 … Continue reading Department for Work and Pensions (Central Government): ICO 17 Sep 2015

Financial Services Authority (Decision Notice): ICO 7 Jul 2011

The complainant made a freedom of information request to the Financial Services Authority (the public authority) to request copies of three reports it had produced in relation to Split Capital Investment Trusts. The public authority refused the request by relying on the exemptions; section 21 (Information accessible by other means); section 40 (Personal information), section … Continue reading Financial Services Authority (Decision Notice): ICO 7 Jul 2011

Department of Health Social Services and Public Safety (Decision Notice): ICO 2 Oct 2012

The complainant submitted a request to the Department of Health, Social Services and Public Safety under the Freedom of Information Act 2000 for information relating to the application process for a position. The Commissioner has investigated the complaint and finds that the DHSSPS was correct to apply section 40(2) by virtue of section 40(3)(a)(i) of … Continue reading Department of Health Social Services and Public Safety (Decision Notice): ICO 2 Oct 2012

Broxbourne Borough Council (Decision Notice): ICO 15 Aug 2012

The complainant requested information relating to senior post holders at Broxbourne Borough Council. The council supplied some information and withheld other information using the exemption under section 40(2) of the Freedom of Information Act 2000, relating to personal data, and section 21, relating to information that is reasonably accessible by other means. The Commissioner’s decision … Continue reading Broxbourne Borough Council (Decision Notice): ICO 15 Aug 2012

Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011

The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other information. She had obtained employment with a customer of the claimant, and was said to carry out … Continue reading Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011

Cumbria Primary Care Trust (Decision Notice): ICO 3 Sep 2012

The complainant submitted a request to Cumbria Primary Care Trust under the Freedom of Information Act 2000 for information pertaining to a contract between the Trust and University Hospitals of Morecambe Bay NHS Foundation Trust. The Commissioner has investigated the complaint and finds that the Trust failed to provide the complainant with the information he … Continue reading Cumbria Primary Care Trust (Decision Notice): ICO 3 Sep 2012

Bristol City Council (Decision Notice): ICO 16 Aug 2012

The complainant requested legal advice from Bristol City Council relating to an application to register land as a town or village green. The council refused to provide the information on the basis that it was either exempt under section 42 of the Freedom of Information Act 2000, the exemption relating to legal professional privilege or … Continue reading Bristol City Council (Decision Notice): ICO 16 Aug 2012

Cabinet Office (Central Government): ICO 22 Nov 2021

The complainant has requested the first two of 32 files relating to the ‘Spycatcher’/Peter Wright case between 1986 and 1987. The Cabinet Office withheld the information requested under section 22(1) (information intended for future publication) and section 23(1)(information supplied by, or relating to, bodies dealing with security matters) of the Freedom of Information Act 2000. … Continue reading Cabinet Office (Central Government): ICO 22 Nov 2021

Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011

(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Valuation Office Agency (Decision Notice): ICO 3 Apr 2012

The complainant requested the sales values and dates of sales for a number of properties in Creech St Michael, Somerset. The Commissioner’s decision is that the public authority was entitled to withhold the information on the basis of section 44(1)(a) of the Freedom of Information Act 2000 (Act). The Commissioner does not require the public … Continue reading Valuation Office Agency (Decision Notice): ICO 3 Apr 2012

Homes and Communities Agency (Decision Notice): ICO 7 Nov 2012

The complainant has requested information relating to a plaque that used to feature on the Bradford Odeon cinema (Bradford Odeon). The Commissioner’s decision is that the Homes and Communities Agency (HCA) has complied with the Freedom of Information Act 2000 (the Act) and does not hold any information relevant to the complainant’s requests. Section of … Continue reading Homes and Communities Agency (Decision Notice): ICO 7 Nov 2012

Bromley London Borough Council (Decision Notice): ICO 5 Oct 2009

The complainant asked to be provided with the external legal advice provided to the London Borough of Bromley relating to the evidence the Council said it held at a planning meeting in 2002 that Manor Park was a public highway. The Information Commissioner investigated and decided that the legal advice held was exempt under section … Continue reading Bromley London Borough Council (Decision Notice): ICO 5 Oct 2009

Financial Conduct Authority (Decision Notice): ICO 9 May 2013

The complainant has requested correspondence from the Financial Reporting Council (FRC) to the Financial Conduct Authority (FCA) about a complaint it had received regarding the audited accounts of a named company. The FCA refused to confirm or deny whether the requested information was held under section 44(2) of the Freedom of Information Act 2000 (FOIA). … Continue reading Financial Conduct Authority (Decision Notice): ICO 9 May 2013

Bradford City Clinical Commissioning Group (BcccG) (Health (Other)): ICO 28 Apr 2015

The complainant has requested information about the full details of the rejected Care UK contract bid for the Eccleshill NHS treatment centre that was not renewed and has led to the closure of the centre. BCCCG provided the complainant with some information relevant to the scope of the request but refused to provide a piece … Continue reading Bradford City Clinical Commissioning Group (BcccG) (Health (Other)): ICO 28 Apr 2015

Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

St Ives Town Council (Decision Notice): ICO 19 Mar 2013

The complainant has requested information relating to Dog Control Orders on beaches in the St Ives area including a copy of a report presented to St Ives Council (‘the council’) by a member of the public. The council refused to supply the report, citing exemptions under the Freedom of Information Act 2000 (‘the FOIA’). The … Continue reading St Ives Town Council (Decision Notice): ICO 19 Mar 2013

National Gallery (Decision Notice): ICO 22 Jan 2013

The complainant requested information held by the National Gallery relating to a drawing known as La Bella Principessa. The gallery disclosed some information and withheld other information using exemptions under the Freedom of Information Act 2000. The exemptions relied on were section 36(2)(b)(i) and (ii), relating to prejudice to the provision of advice and exchange … Continue reading National Gallery (Decision Notice): ICO 22 Jan 2013

Civil Aviation Authority (Decision Notice): ICO 28 Oct 2009

The complainant requested copies of Mandatory Occurrence Reports (MOR) by XL Airways in the 12 months before they went out of business. The Public Authority relied on section 44 of the Freedom of Information Act 2000 (FOIA) to withhold the information. The Public Authority cited section 23 of the Civil Aviation Act 1982 as the … Continue reading Civil Aviation Authority (Decision Notice): ICO 28 Oct 2009

Worcestershire County Council (Decision Notice): ICO 31 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

Public Services Ombudsman for Wales (Decision Notice): ICO 8 Oct 2012

The complainant requested copies of all correspondence received by the PSOW in relation to his complaint against a named Councillor. The PSOW refused to provide the information relying on section 44(1)(a) of the Freedom of Information Act 2000 (‘the Act’). The Commissioner’s decision is that the PSOW correctly relied on section 44(1)(a) of the Act … Continue reading Public Services Ombudsman for Wales (Decision Notice): ICO 8 Oct 2012

Havant Borough Council (Decision Notice): ICO 1 Oct 2012

The complainant requested a copy of the council’s up to date charges for supplying environmental information. The council initially responded and referred to an investigation that was being conducted by the Commissioner regarding an earlier request. At the internal review stage, the council provided a link to a copy of its up to date charges … Continue reading Havant Borough Council (Decision Notice): ICO 1 Oct 2012

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Oldham Metropolitan Borough Council (Decision Notice): ICO 3 Jan 2013

The complainant requested information from Oldham Metropolitan Borough Council relating to the number of people charged in police station custody areas by the council during the years 2003 until 2011. The council said that some information was not held. Regarding the information that was held, the council said that it could not be provided without … Continue reading Oldham Metropolitan Borough Council (Decision Notice): ICO 3 Jan 2013

North West Strategic Health Authority (Decision Notice): ICO 31 May 2011

The complainant requested copies of the reports that followed inquiries after homicide. The North West Strategic Health Authority declined to provide the information on the basis of the exemptions contained in sections 21, 40(2), 41 and 44 of the Freedom of Information Act 2000. During the course of the Commissioner’s investigation NHS NW released further … Continue reading North West Strategic Health Authority (Decision Notice): ICO 31 May 2011

Intellectual Property Office (Decision Notice) FS50359480: ICO 26 Apr 2011

The complainant asked the Intellectual Property Office to provide information relating to a trade mark it had considered. The public authority advised the complainant that some information was already available to him but that the remainder was exempt under the exemption at section 44 (prohibitions on disclosure) of the Freedom of Information Act 2000. The … Continue reading Intellectual Property Office (Decision Notice) FS50359480: ICO 26 Apr 2011

Intellectual Property Office (Decision Notice) FS50321698: ICO 26 Apr 2011

The complainant asked the Intellectual Property Office to provide information relating to a trade mark it had considered. The public authority advised the complainant that some information was already available to him but that the remainder was exempt under the exemption at section 44 (prohibitions on disclosure) of the Freedom of Information Act 2000. The … Continue reading Intellectual Property Office (Decision Notice) FS50321698: ICO 26 Apr 2011

Appleby and Others v The United Kingdom: ECHR 6 May 2003

The claimants sought to demonstrate against a development in their home town. The respondents who owned the shopping mall which dominated the town centre, refused to allow them to demonstrate in the mall or to distribute protesting leaflets. The claimants complained of interference with their rights to free speech and expression, saying a public authority … Continue reading Appleby and Others v The United Kingdom: ECHR 6 May 2003

Financial Conduct Authority (Decision Notice): ICO 29 Jan 2014

The complainant has requested information relating to Barclays Private Bank and money laundering. The Financial Conduct Authority (FCA) refused to provide the requested information under sections 21, 40(2), 43(2) and 44(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the FCA has correctly applied section 21, 40(2), 43(2) and 44(1)(a) … Continue reading Financial Conduct Authority (Decision Notice): ICO 29 Jan 2014

Intellectual Property Office (Decision Notice) FS50359455: ICO 26 Apr 2011

The complainant asked the Intellectual Property Office to provide information relating to a trade mark it had considered. The public authority advised the complainant that some information was already available to him but that the remainder was exempt under the exemption at section 44 (prohibitions on disclosure) of the Freedom of Information Act 2000. The … Continue reading Intellectual Property Office (Decision Notice) FS50359455: ICO 26 Apr 2011

Central and North West London NHS Foundation Trust (Decision Notice): ICO 18 Jan 2012

The complainant has requested the evidence submitted by the Central and North West London NHS Foundation Trust (CNWL) to the Coroner in relation to a particular inquest. The Trust confirmed that the evidence submitted to the coroner was witness statements of staff who had been involved with the deceased patient who the inquest related to. … Continue reading Central and North West London NHS Foundation Trust (Decision Notice): ICO 18 Jan 2012

Suffolk County Council (Decision Notice): ICO 29 Jun 2011

ICO The complainant made a request under the Freedom of Information Act 2000 to Suffolk County Council for a copy of the Combined Aerial Rescue Pump Report. The council refused to disclose this information and applied section 40(2), section 41 and section 43(2). During the course of the Commissioner’s investigation the council withdrew its application … Continue reading Suffolk County Council (Decision Notice): ICO 29 Jun 2011

Coventry University (Decision Notice): ICO 29 Jan 2013

The complainant has made a request to Coventry University (the University) for information relating to the setting up of Coventry University College (CUC). The University provided much of the requested information but withheld some information under section 22, section 43(2), section 41 and section 36(2)(b)(ii) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s … Continue reading Coventry University (Decision Notice): ICO 29 Jan 2013

Chelmsford Borough Council (Decision Notice): ICO 23 May 2012

The complainant requested information from Chelmsford Borough Council regarding the rental of Hylands Park for the V Festival each year. The council refused to provide the information on the basis that it was exempt under section 43 of the Freedom of Information Act 2000. The Commissioner’s decision is that the exemption has not been correctly … Continue reading Chelmsford Borough Council (Decision Notice): ICO 23 May 2012

Wiltshire Council (Decision Notice): ICO 18 Apr 2012

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

Trafford Metropolitan Borough Council (Decision Notice): ICO 27 Nov 2007

The complainant asked Trafford Metropolitan Borough Council (‘the Council’) for information about the course of action it followed after it was notified of a GP’s concerns about injuries sustained by her deceased mother, who was in the care of a third party. The Council interpreted this as a general request to view the deceased’s social … Continue reading Trafford Metropolitan Borough Council (Decision Notice): ICO 27 Nov 2007

Intellectual Property Office (Decision Notice) FS50359525: ICO 26 Apr 2011

The complainant asked the Intellectual Property Office to provide information relating to a trade mark it had considered. The public authority advised the complainant that some information was already available to him but that the remainder was exempt under the exemption at section 44 (prohibitions on disclosure) of the Freedom of Information Act 2000. The … Continue reading Intellectual Property Office (Decision Notice) FS50359525: ICO 26 Apr 2011

Intellectual Property Office (Decision Notice) FS50359512: ICO 26 Apr 2011

The complainant asked the Intellectual Property Office to provide information relating to a trade mark it had considered. The public authority advised the complainant that some information was already available to him but that the remainder was exempt under the exemption at section 44 (prohibitions on disclosure) of the Freedom of Information Act 2000 The … Continue reading Intellectual Property Office (Decision Notice) FS50359512: ICO 26 Apr 2011

Intellectual Property Office (Decision Notice) FS50359467: ICO 26 Apr 2011

The complainant asked the Intellectual Property Office to provide information relating to a trade mark it had considered. The public authority advised the complainant that some information was already available to him but that the remainder was exempt under the exemption at section 44 (prohibitions on disclosure) of the Freedom of Information Act 2000. The … Continue reading Intellectual Property Office (Decision Notice) FS50359467: ICO 26 Apr 2011

Whitby Community College (Decision Notice): ICO 19 Jul 2012

The complainant has requested information relating to staffing and mentoring at Whitby Community College (the College) and complaints made to the College. The College provided the complainant with some of the requested information but refused to provide some of the information under section 40(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision … Continue reading Whitby Community College (Decision Notice): ICO 19 Jul 2012

East London and The City Mental Health NHS Trust (Decision Notice): ICO 3 Dec 2007

The complainant made two requests under the Freedom of Information Act 2000 (the ‘Act’) to East London and The City Mental Health NHS Trust (the ‘Trust’). The first request was for a copy of internal reports into the circumstances surrounding the death of a patient of the Trust (‘Mr A’). The Trust refused to disclose … Continue reading East London and The City Mental Health NHS Trust (Decision Notice): ICO 3 Dec 2007

Valuation Office Agency (Decision Notice): ICO 27 May 2010

The complainant made a request for the rating file of a named caravan site. The information requested was withheld under the exemptions at sections 40(2) (personal information), 44(1) (prohibitions on disclosure) and 42(2) (commercial interests) of the Freedom of information Act 2000; also, under the exceptions at 12(3) (personal data), 12(5)(d) (confidentiality of proceedings) and … Continue reading Valuation Office Agency (Decision Notice): ICO 27 May 2010

Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

Her Majestys Revenue and Customs: ICO 27 Apr 2011

The complainant made a request to HM Revenue and Customs (HMRC) for information relating to the issue of fraudulently or dishonestly acquiring vehicles VAT-free through the disability scheme. HMRC provided some of the requested information but refused to provide all of the requested information. It explained that some of the information requested was exempt from … Continue reading Her Majestys Revenue and Customs: ICO 27 Apr 2011

Cambridgeshire County Council (Decision Notice): ICO 31 May 2011

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

In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995

The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs. Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This … Continue reading In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995

Doncaster College (Decision Notice): ICO 29 May 2008

The complainant requested information from Doncaster College relating to any investigation reports it holds concerning the conduct or financial issues relating to its senior managers over a four year period. The college refused this request under section 40(3) of the Freedom of information Act 2000. The Commissioner has concluded that the college should have cited … Continue reading Doncaster College (Decision Notice): ICO 29 May 2008

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Liverpool Womens NHS Foundation Trust (Decision Notice): ICO 17 Nov 2009

The complainant made a request under the Freedom of Information Act 2000 to the Liverpool Women’s NHS Foundation Trust for the text of any compromise agreements it had entered into with doctors and a list of exploratory or illustratory issues which were covered by the compromise agreements. Furthermore the complainant asked the Trust to provide … Continue reading Liverpool Womens NHS Foundation Trust (Decision Notice): ICO 17 Nov 2009

Basildon District Council (Decision Notice): ICO 28 Nov 2011

The complainant requested information relating to long running disputes that he has with the council over planning issues and properties that he owns. The council argued that it did not have to comply with the requests because the requests were vexatious and repeated under the Freedom of Information Act 2000 or manifestly unreasonably under the … Continue reading Basildon District Council (Decision Notice): ICO 28 Nov 2011

Financial Services Authority (Decision Notice): ICO 29 Sep 2011

The complainant made a number of requests for various pieces of information relating to the Towry Law takeover of Edward Jones. The Commissioner’s decision is that some of the requested information is not held, that the Financial Services Authority was correct to withhold some of the information under section 43(2) and section 44(1)(a) of the … Continue reading Financial Services Authority (Decision Notice): ICO 29 Sep 2011

Civil Aviation Authority (Decision Notice): ICO 5 Sep 2007

The complainant requested a copy of the final report by an operator to the CAA of the Mandatory Occurrence Report (MOR) of an incident which occurred on 29 August 2004. The Public Authority relied on section 44 of the Freedom of Information Act 2000 (FOIA) to withhold the information. The Public Authority cited section 23 … Continue reading Civil Aviation Authority (Decision Notice): ICO 5 Sep 2007

Legal Services Commission (Decision Notice): ICO 30 Aug 2007

On the 01 January 2005 the complainant requested, a copy of two reports which were ‘ordered and received: (a) from Dr [name redacted] at the Royal Free Hospital, (b) From Professor [name redacted] /Unigenetics Ltd, at the Coombe Women’s Hospital, Dublin.’ The complainant also asked for additional information relating to the funding by the Legal … Continue reading Legal Services Commission (Decision Notice): ICO 30 Aug 2007

Financial Services Authority (Decision Notice): ICO 4 Sep 2007

The complainant sought information from the Financial Services Authority (‘FSA’) that was generated by and/or considered during the FSA investigation of his complaint against HSBC Investment Bank plc. The FSA refused to disclose certain information relying on section 44 of the Freedom of Information Act 2000 citing section 348 of the Financial Services and Markets … Continue reading Financial Services Authority (Decision Notice): ICO 4 Sep 2007

Fareham Borough Council (Decision Notice): ICO 7 May 2009

Fareham Borough Council was asked to provide all unpublished information in connection with the decision to sell the freehold of Portchester Parish Hall. The Council disclosed a limited amount of information and withheld the majority citing exemptions under the Freedom of Information Act 2000. During the investigation, the Council agreed to disclose a significant amount … Continue reading Fareham Borough Council (Decision Notice): ICO 7 May 2009

Parliamentary and Health Service Ombudsman (Decision Notice): ICO 8 Aug 2011

The complainant asked the Parliamentary and Health Service Ombudsman for the names of MPs who had referred complaints to the PHSO on behalf of constituents about premium rate telephone services (with respect to television phone-in shows). The PHSO explained that the Ombudsman is subject to a statutory bar contained in the Parliamentary Commissioner Act 1967. … Continue reading Parliamentary and Health Service Ombudsman (Decision Notice): ICO 8 Aug 2011

Financial Services Authority (Decision Notice): ICO 31 Aug 2011

The complainant requested under the Freedom of Information Act 2000 any communications between the public authority and ministers or officials in the Government of Iceland, the Icelandic FSA and the Central Bank of Iceland regarding Landsbanki that were forwarded to the Treasury between 4 October 2008 and 8 October 2008. The public authority provided some … Continue reading Financial Services Authority (Decision Notice): ICO 31 Aug 2011

Financial Services Authority (Decision Notice): ICO 1 Sep 2010

The complainant made a freedom of information request to the public authority for information it held in relation to concerns it had about the management of the Leeds City Credit Union. The public authority refused the request under section 31 (Law Enforcement); section 40 (Personal information); section 43 (Commercial Interests) and section 44 (Prohibitions on … Continue reading Financial Services Authority (Decision Notice): ICO 1 Sep 2010

Forest Heath District Council (Decision Notice): ICO 10 Jul 2007

The complainant asked the public authority for information relating to a specific planning issue. The public authority withheld it under section 42 of the Freedom of Information Act 2000 (section 42) claiming legal professional privilege and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. The Commissioner found … Continue reading Forest Heath District Council (Decision Notice): ICO 10 Jul 2007

Wiltshire Police (Decision Notice): ICO 6 Oct 2010

The complainant asked Wiltshire Police to provide information relating to an incident which occurred at a railway bridge. The public authority provided a partial response and refused to disclose the remaining information citing the exemptions under sections 40(1) and (5) (personal information) of the Freedom of Information Act 2000. During the course of the Commissioner’s … Continue reading Wiltshire Police (Decision Notice): ICO 6 Oct 2010

Civil Aviation Authority (Decision Notice): ICO 19 Jun 2007

Under the Freedom of Information Act 2000 (the ‘FOIA’) the complainant requested copies of Airprox, or similar, reports in relation to three incidents involving aircraft. By way of background, the public authority defines an Airprox incident as a situation when, in the opinion of a pilot or a controller, the distance between aircraft as well … Continue reading Civil Aviation Authority (Decision Notice): ICO 19 Jun 2007

Hertfordshire Partnership NHS Trust (Decision Notice): ICO 2 Jun 2008

The complainant is acting on behalf of the family of a deceased patient (‘Mr A’), and requested a copy of a Root Cause Analysis Report into the circumstances surrounding the deaths of Mr A and another patient (‘Ms B’). This request was made under the Freedom of Information Act 2000 (the ‘Act’) to Hertfordshire Partnership … Continue reading Hertfordshire Partnership NHS Trust (Decision Notice): ICO 2 Jun 2008

Edate Advertising v X: ECJ 29 Mar 2011

ECJ Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Jurisdiction ‘in tort or quasi-delict’ – Violation of personal rights that may have been committed by the publication of information on the Internet – Article 5, Section 3 – Definition of ‘place where the harmful event occurred or may occur’ – Applicability … Continue reading Edate Advertising v X: ECJ 29 Mar 2011

East Sussex County Council (Decision Notice): ICO 5 Feb 2007

The complainant requested information from the public authority about its dealings with a named company. The public authority refused to disclose relying upon section 44 of the Freedom of Information Act 2000. As this is an absolute exemption the public authority did not have to consider the public interest. The Commissioner has considered the exempt … Continue reading East Sussex County Council (Decision Notice): ICO 5 Feb 2007

Liverpool Womens NHS Foundation Trust (Decision Notice): ICO 19 Feb 2007

The complainant requested a copy of a medical report written by a Consultant regarding the care of his late mother. This report was written by the Consultant following a visit to her home in 1991. The public authority offered to provide the complainant with a copy of the report under the Access to Health Records … Continue reading Liverpool Womens NHS Foundation Trust (Decision Notice): ICO 19 Feb 2007

Department of Trade and Industry (Decision Notice): ICO 4 Apr 2007

The complainant requested information from the public authority about its investigation into his company. The public authority refused to disclose, relying upon section 44 of the Freedom of Information Act 2000. As this is an absolute exemption the public authority did not have to consider the public interest test. The Commissioner has considered the exempt … Continue reading Department of Trade and Industry (Decision Notice): ICO 4 Apr 2007

Office of Communications (Decision Notice): ICO 21 Dec 2009

The complainant made a series of requests to Ofcom regarding the number of complaints received from viewers/listeners that were deemed not to have broken any broadcasting code and which on review, were subsequently overturned. Ofcom refused the request on cost grounds under section 12 of the Freedom of Information Act 2000. The Commissioner finds that … Continue reading Office of Communications (Decision Notice): ICO 21 Dec 2009

Royal Orthopaedic Hospital NHS Foundation Trust (Decision Notice): ICO 3 Dec 2009

The complainant made a request under the Freedom of Information Act 2000 to the Royal Orthopaedic Hospital NHS Foundation Trust for specific information relating to an incident involving a patient. The Trust confirmed or denied whether it held that information under section 1(1)(a) of the Act. After considering the case, the Commissioner’s decision is that … Continue reading Royal Orthopaedic Hospital NHS Foundation Trust (Decision Notice): ICO 3 Dec 2009

Financial Services Authority (Decision Notice): ICO 18 Nov 2009

The complainant asked the public authority for information about two firms of stockbrokers. The public authority did not hold information about one; provided a small amount of information about the other; and applied the exemptions under sections 44, 43 and 40 of the Freedom of Information Act 2000 to the remaining information. After the Commissioner’s … Continue reading Financial Services Authority (Decision Notice): ICO 18 Nov 2009

BBC (Decision Notice): ICO 16 Jun 2011

The complainant made a request to the BBC for tender and commissioning information relating to Democracy Live, which provides coverage of the United Kingdom’s political institutions and the European Parliament. The BBC responded by stating that the requested information fell outside the scope of the Freedom of Information Act 2000 because it is information held … Continue reading BBC (Decision Notice): ICO 16 Jun 2011

Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to be in possession of any materials for causing damage. The claimant said that the officer … Continue reading Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008

The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and claimed in breach of confidence. Held: ‘The law [of confidence] now affords protection … Continue reading Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008

NHS Commissioning Board (NHS England) (Health (NHS)): ICO 28 Jan 2016

ICO The complainant made a freedom of information request to NHS England for the costs of suspending a named doctor. In response NHS England refused to confirm or deny if the requested information was held under section 40(5)(b)(i). The Commissioner’s decision is that section 40(5)(b)(i) was incorrectly applied and NHS England failed to comply with … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)): ICO 28 Jan 2016

Cabinet Office (Central Government) FS50579607: ICO 16 Jun 2015

ICO The complainant requested information from the Cabinet Office relating to the drafting of secondary legislation. The Commissioner’s decision is that the Cabinet Office has breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 (the Act) because it has not issued the complainant with a response to his request within the statutory … Continue reading Cabinet Office (Central Government) FS50579607: ICO 16 Jun 2015

Cabinet Office (Central Government): ICO 18 Jun 2015

ICO The complainant requested information relating to polling conducted about the Scottish independence referendum. The Cabinet Office confirmed that it held information relevant to the request but needed further time to consider the balance of the public interest. The Commissioner’s decision is that Cabinet Office has breached section 10 of the Freedom of Information Act … Continue reading Cabinet Office (Central Government): ICO 18 Jun 2015

Hounslow London Borough Council (Local Government (Borough Council)): ICO 3 Nov 2015

ICO The complainant has requested from London Borough of Hounslow (‘the Council’) a copy of a Building Regulations application in respect of a specific property. The Commissioner’s decision is that the Council has failed to either provide the requested information or issue a valid refusal notice within the 20 working day statutory time limit as … Continue reading Hounslow London Borough Council (Local Government (Borough Council)): ICO 3 Nov 2015

Brighton and Hove City Council (Local Government (City Council)): ICO 2 Nov 2015

ICO Local government (City council) The complainant requested information from Brighton and Hove City Council (‘the council’) relating to its contract for bus shelter advertising. The council supplied some information but refused other information using the exemption under section 43(2) of the Freedom of Information Act 2000 (‘the FOIA’). This exemption concerns commercial interests. During … Continue reading Brighton and Hove City Council (Local Government (City Council)): ICO 2 Nov 2015

Attorney General v Scotcher: HL 19 May 2005

Following a trial, a juror wrote to the defendant’s mother to say that other jury members had not considered the case in a proper manner. He had been given written advice that he was not free to discuss a case with anyone. He appealed his conviction for contempt of court, saying that his intention had … Continue reading Attorney General v Scotcher: HL 19 May 2005

Gillan and Quinton v The United Kingdom: ECHR 12 Jan 2010

The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed. Held: The powers given to the police were too wide, provided inadequate protection against abuse, and violated the … Continue reading Gillan and Quinton v The United Kingdom: ECHR 12 Jan 2010

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Howarth and Chief Constable of The Police Service of Scotland: SIC 29 Apr 2015

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

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

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

Royal Mail (Decision Notice): ICO 6 Jan 2011

The complainant made a request to Royal Mail Group PLC under the Freedom of Information Act 2000 for information regarding how much undeliverable mail was sent for disposal by the National Returns Centre in each financial year from 2004/2005 to 2009/2010. The Royal Mail confirmed that it held part of the requested information but stated … Continue reading Royal Mail (Decision Notice): ICO 6 Jan 2011

General Medical Council (Decision Notice): ICO 15 Dec 2006

ICO The complainant requested details of the complaints histories of six named doctors from the General Medical Council (the ‘GMC’). The GMC refused this request under section 40 of the Freedom of Information Act 2000 on the basis that it constituted the personal data of the doctors in question and that to release the information … Continue reading General Medical Council (Decision Notice): ICO 15 Dec 2006

Department of Health (Decision Notice): ICO 28 Jul 2008

ICO The complainant made a request to the Department of Health regarding the release of details of abortion statistics for 2003, where those abortions had been carried out under ‘ground (e)’. This request was made under the Freedom of Information Act 2000. Some information had already been published by the DoH in the annual abortion … Continue reading Department of Health (Decision Notice): ICO 28 Jul 2008

Department of Health (Decision Notice): ICO 18 Mar 2008

ICO The Commissioner’s decision in this matter is that the Department of Health (the ‘Department’) did not deal with the complainant’s request in accordance with Part I of the Act in that it failed to comply with its obligations under section 1(1). The Commissioner found that the Department incorrectly applied the exemptions under sections 36(2)(c), … Continue reading Department of Health (Decision Notice): ICO 18 Mar 2008

Department of Health (Decision Notice): ICO 21 Jan 2008

ICO The complainant sought disclosure of a contract agreed by the Department of Health for the provision of an electronic recruitment service for the NHS. The public authority initially refused to disclose the contract on the basis of the exemptions contained in sections 41 (confidential information) and 43(2) (prejudice to commercial interests) of the Act. … Continue reading Department of Health (Decision Notice): ICO 21 Jan 2008

Redcar and Cleveland Borough Council (Decision Notice): ICO 17 Feb 2009

ICO The complainant requested information from Cleveland and Redcar Borough Council relating to the construction of sea defences in Coatham. The Council disclosed some information about the project, but did not fully meet the information request. In addition, it did not confirm or deny that it held any other information in respect of this case … Continue reading Redcar and Cleveland Borough Council (Decision Notice): ICO 17 Feb 2009

Northumbria Police (Decision Notice): ICO 14 Oct 2010

ICO The complainant asked Northumbria Police to provide information about the relationship between the police and the RSPB. As the subject matter was deemed to be the same as a number of previous requests, the public authority refused using the exclusion under section 14(1). Having considered this request, alongside other requests and complaints made by … Continue reading Northumbria Police (Decision Notice): ICO 14 Oct 2010

Department of Health (Decision Notice): ICO 18 May 2010

ICO The complainant requested details of the unit cost of the vaccine Cervarix, and the value of the contract with the vaccine manufacturer. The Department of Health refused to provide this information, citing section 43(2). During the course of the investigation the DoH also stated that the information was exempt under sections 41 and 44. … Continue reading Department of Health (Decision Notice): ICO 18 May 2010