Search Results for: Data Protection Act 1998

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Ranger v The House of Lords Appointments Commission: QBD 20 Jan 2015

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

Independent Police Complaints Commission v Warner and Others: QBD 17 Feb 2012

The applicant had mistakenly disclosed confidential personal information in answer to a data request. It sought an injunction restricting its redistribution after the recipient refused to return it and threatened to pass it on. The defendant said later that he had posted the material back to the IPCC. He failed however to comply with an … Continue reading Independent Police Complaints Commission v Warner and Others: QBD 17 Feb 2012

Clift v Slough Borough Council and Another: QBD 6 Jul 2009

The claimant sought damages for defamation. The council had decided that she had threatened a member of staff and notified various people, and entered her name on a violent persons register. She alleged malice, the council pleaded justification and qualified privilege. She also complained of the breach of her data protection rights. She had been … Continue reading Clift v Slough Borough Council and Another: QBD 6 Jul 2009

Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009

Complaints had been made that the police were not deleting from their criminal records very old records of minor convictions. The police appealed against a finding that they should do so under Data Protection Principles. The Police had used a policy agreed with the Respondent, but had withdrawn it following the Bichard inquiry, and replaced … Continue reading Chief Constable of Humberside Police and Others v The Information Commissioner and Another: CA 19 Oct 2009

Department for Communities and Local Government – FS50559640: ICO 23 Jul 2015

ICO (Central Government) The complainants requested information from the Department for Communities and Local Government (‘DCLG’) relating to a complaint they had made about Arun District Council (‘the council’). DCLG refused to respond to the requests on the basis that they were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). … Continue reading Department for Communities and Local Government – FS50559640: ICO 23 Jul 2015

Cabinet Office (Central Government) FS50554507: ICO 22 Apr 2015

ICO The complainant has requested correspondence and other information connected with the drafting of legislation whereby the Duchy of Cornwall is not criminally liable under the provisions of the Data Protection Act 1998. The Cabinet Office refused to provide this citing section 35 (government policy exemption) and section 42 (legal professional privilege exemption) as its … Continue reading Cabinet Office (Central Government) FS50554507: ICO 22 Apr 2015

Derbyshire County Council (Local Government (County Council)): ICO 13 Apr 2015

Local government (County council) The complainant has requested information from Derbyshire County Council (the council) regarding the purchase of a specific property. The council refused to provide some of the requested information relying on section 38 of the FOIA as disclosure would prejudice the health and safety of individuals. It also relied on section 41 … Continue reading Derbyshire County Council (Local Government (County Council)): ICO 13 Apr 2015

General Medical Council (Local Government (Other)): ICO 9 Mar 2015

ICO The complainant has requested information relating to the performance assessment of a doctor carried out by the General Medical Council (GMC). During that assessment the complainant provided a statement which the doctor then commented on. It is the doctor’s comments on her statement that the complainant has requested. The GMC refused to provide the … Continue reading General Medical Council (Local Government (Other)): ICO 9 Mar 2015

Animal and Plant Health Agency (Central Government ): ICO 5 Nov 2015

ICO Central government The complainant has requested information concerning inspection policies and training held by the Animal and Plant Health Agency (‘APHA’). He has also requested information concerning a Moderation Panel hearing which considered his complaint made to APHA. The request was made as part of a subject access request (‘SAR’). APHA provided a response … Continue reading Animal and Plant Health Agency (Central Government ): ICO 5 Nov 2015

Newham London Borough Council (Local Government (Borough Council)): ICO 13 Jan 2015

ICO Local government (Borough council) The complainant has requested from Newham Council the total amount it has deducted from its elected councillors’ basic and where applicable special responsibility allowances and passed to funds/accounts controlled by the mayor, the Labour Group or the Labour Party between 6 April 2010 and 5 April 2014. Newham Council has … Continue reading Newham London Borough Council (Local Government (Borough Council)): ICO 13 Jan 2015

Law Society and others v Kordowski: QBD 7 Dec 2011

Claim for injunctions requiring the Defendant, the publisher of the ‘Solicitors from Hell’ website (‘the Website’), to cease publication of the Website in its entirety and to restrain him from publishing any similar website. Tugendhat J [2011] EWHC 3185 (QB) Bailii Protection from Harassment Act 1997, Data Protection Act 1998 England and Wales Cited by: … Continue reading Law Society and others v Kordowski: QBD 7 Dec 2011

Dawson-Damer and Others v Taylor Wessing Llp and Others: ChD 6 Aug 2015

The clamants sought orders under the 1998 Act for disclosure of documents about them by the defendant solicitors and others. The defendants said that the request would require the consideration of a very large number of documents, considering in each case whether they would require discovery and or were protected by legal professional privilege, and … Continue reading Dawson-Damer and Others v Taylor Wessing Llp and Others: ChD 6 Aug 2015

Mackenzie and Scottish Public Services Ombudsman: SIC 17 Jun 2015

SIC Correspondence Regarding A Complaint – On 10 December 2014, Mr Mackenzie asked the Scottish Public Services Ombudsman (the SPSO) for correspondence sent to and received by the SPSO during its investigation of a complaint. The SPSO withheld the information under section 26(a) of FOISA, on the basis that its disclosure was prohibited by other … Continue reading Mackenzie and Scottish Public Services Ombudsman: SIC 17 Jun 2015

Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015

Police Data Retention Justifiable The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T complained of the retention of an harassment warning issued against him. The Commissioner now appealed … Continue reading Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Henn-Macrae v Revenue and Customs: FTTTx 15 Mar 2012

TTTx Excise duty – Penalty for failure to supply requested information – section 9 FA 1994 – whether requested information reasonably required – section 118B CEMA 1979 – whether provision of requested information prohibited by the Data Protection Act 1998 – whether penalty disproportionate [2012] UKFTT 199 (TC) Bailii England and Wales Customs and Excise … Continue reading Henn-Macrae v Revenue and Customs: FTTTx 15 Mar 2012

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

Barton v Royal Borough of Greenwich (Victimisation Discrimination: Whistleblowing): EAT 1 May 2015

EAT Victimisation Discrimination: Whistleblowing – UNFAIR DISMISSAL – Automatically unfair reasons The Claimant was an employee of the Respondent and had at one time been an elected shop steward and health and safety representative. He received a concern from a work colleague that his line manager had emailed a large number of documents to her … Continue reading Barton v Royal Borough of Greenwich (Victimisation Discrimination: Whistleblowing): EAT 1 May 2015

The Alzheimers Society (Enforcement Notices, Charitable and Voluntary) 2016-23: ICO 7 Jan 2016

Triforce Recruitment Ltd has been prosecuted at Westminster Magistrates’ Court for committing an offence of failing to notify under section 17 of the Data Protection Act 1998. The Company, who provide career opportunities for service leavers and ex-forces personnel, was found guilty in its absence for the offence of processing data without having an entry … Continue reading The Alzheimers Society (Enforcement Notices, Charitable and Voluntary) 2016-23: ICO 7 Jan 2016

Kololo v Commissioner of Police for The Metropolis: QBD 9 Mar 2015

The claimant sought disclosure of information under the 1998 Act. The defendant said that the application was an abuse of process and an attempt to circumvent the 2003 Act. The claimant had been convicted of involvement in kidnapping and murder in Somalia and was to appeal aganst a sentence of death. The claimant said that … Continue reading Kololo v Commissioner of Police for The Metropolis: QBD 9 Mar 2015

Department of Justice Northern Ireland (Undertakings ): ICO 19 Jun 2014

ICO An undertaking to comply with the seventh data protection principle has been signed by Department of Justice Northern Ireland. This follows the sale of a filing cabinet that contained documents originating from within the Northern Ireland Prison service. The documents contained personal data, as defined by section 1 of the Data Protection Act 1998 … Continue reading Department of Justice Northern Ireland (Undertakings ): ICO 19 Jun 2014

Prestatyn Town Council (Local Government (Town Council)): ICO 17 Jun 2015

The complainant requested a copy of correspondence sent by a third party to Prestatyn Town Council (‘the Council’). The Council withheld the information requested under sections 40(1) and 40(2) of the FOIA. The Commissioner’s decision is that the Council has correctly applied section 40(1) to the request. The Commissioner does not require any steps to … Continue reading Prestatyn Town Council (Local Government (Town Council)): ICO 17 Jun 2015

Information Commissioner (Decision Notice): ICO 17 Jan 2011

The complainant requested information held by the ICO in relation to various trade union groups. The ICO confirmed that it held the relevant information but refused to provide it on the grounds that it was exempt from disclosure under section 44(1)(a) of the Freedom of Information Act 2000 by virtue of section 59(1) of the … Continue reading Information Commissioner (Decision Notice): ICO 17 Jan 2011

Her Majestys Courts Service (Decision Notice): ICO 17 Jan 2011

The complainant asked Her Majesty’s Courts Service to provide information relating to the job interview of a third party. The public authority refused to disclose this using the exemption under sections 40(2) of the Freedom of Information Act 2000. The Commissioner considers that section 40(2) by virtue of 40(3)(a)(i) was correctly applied in this case … Continue reading Her Majestys Courts Service (Decision Notice): ICO 17 Jan 2011

Northumbria Police (Decision Notice): ICO 3 Oct 2006

The complainant requested access to information on the files relating to another individual, held by the Northumbria Police. Following an investigation of the complaint, the Commissioner has decided that the information requested by the complainant constitutes the personal data of another individual in accordance with Section 1(1) of the Data Protection Act 1998 and consequently, … Continue reading Northumbria Police (Decision Notice): ICO 3 Oct 2006

Gloucestershire County Council (Decision Notice): ICO 13 Mar 2007

Local government (County council) The complainant made a request for a copy of a petition which was submitted by a councillor in relation to his tenancy. In response to the request, the Council released some information under the Data Protection Act 1998. This was limited to the heading ‘Undesirable Tenant’ followed by the complainant’s address … Continue reading Gloucestershire County Council (Decision Notice): ICO 13 Mar 2007

Calderdale and Huddersfield NHS Foundation Trust (Decision Notice): ICO 17 Apr 2007

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

Northumbria Police (Decision Notice): ICO 17 Mar 2008

Police and criminal justice The complainant sought reports made by officers of Northumbria Police concerning allegations he made against a District Judge. The complainant also requested copies of forensic reports and correspondence held by the police in relation to his complaint. The Commissioner has examined the requested information and had determined that it is the … Continue reading Northumbria Police (Decision Notice): ICO 17 Mar 2008

Lancashire Constabulary (Decision Notice) FS50174035: ICO 14 Sep 2009

ICO The complainant made a six-part request for information to Lancashire Constabulary. The Constabulary cited section 14 of the Act and refused to provide the requested information on the grounds that the request was vexatious. The Commissioner has decided that the Constabulary was incorrect to rely on section 14 of the Act at the time … Continue reading Lancashire Constabulary (Decision Notice) FS50174035: ICO 14 Sep 2009

Haringey London Borough Council (Decision Notice): ICO 14 Sep 2009

ICO The complainant requested information from Haringey Council (‘the Council’) relating to an investigation carried out by the Councils Monitoring Officer into allegations the complainant had made regarding the Chief Executive of the Council. The Council initially stated that the request was for personal data about the complainant must be treated as a subject access … Continue reading Haringey London Borough Council (Decision Notice): ICO 14 Sep 2009

Department of Health (Decision Notice): ICO 11 Aug 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

St Neots Town Council (Decision Notice): ICO 26 Apr 2010

The complainant requested a copy of a report held by St Neots Town Council (‘the Council’) concerning an incident in November 2007 in St Neots involving the Christmas light display. The Council provided a copy of the report with redactions and it also withheld all the appendices to the report. It stated that it wished … Continue reading St Neots Town Council (Decision Notice): ICO 26 Apr 2010

Essex Police (Decision Notice): ICO 1 Feb 2010

ICO The complainant made a request for information about two police officers serving within Essex Police (the ‘public authority’). The information was withheld under the exemption in section 40(2) (personal information) of the Freedom of Information Act 2000 (the ‘Act’). The Commissioner’s decision is that the exemption at section 40(2) is engaged but that disclosure … Continue reading Essex Police (Decision Notice): ICO 1 Feb 2010

NHS Yorkshire and The Humber Strategic Health Authority (Decision Notice): ICO 23 Aug 2011

ICO The complainant asked the NHS Yorkshire and the Humber Strategic Health Authority (the ‘SHA’) for information regarding the decision of the Leeds East Research Ethics Committee not to reappointment him to that committee. Of the six questions asked, two were considered under the Data Protection Act 1998 and two have been answered to the … Continue reading NHS Yorkshire and The Humber Strategic Health Authority (Decision Notice): ICO 23 Aug 2011

Network Rail (Decision Notice) FER0087031: ICO 26 Jul 2006

In March 2005 the complainant requested information from Network Rail under the Data Protection Act 1998 regarding flooding adjacent to a railway line. Network Rail refused the request under the Data Protection Act and did not treat it as a request for information under the Freedom of Information Act 2000 or the Environmental Information Regulations … Continue reading Network Rail (Decision Notice) FER0087031: ICO 26 Jul 2006

Home Office (Decision Notice): ICO 30 Mar 2011

ICO The complainant requested public documents from the Home Office UK Border Agency relating to the applications for naturalisation of two named individuals. The public authority refused the request on the basis that the requested information constitutes the personal data of the individuals concerned and disclosure would breach the principles set out in the Data … Continue reading Home Office (Decision Notice): ICO 30 Mar 2011

Department for Business Innovation and Skills (Decision Notice): ICO 20 Jun 2012

ICO The complainant requested information concerned with the tendering process for the delivery of marketing workshops from Business Link West Midlands (BLWM) whose freedom of information responsibilities have now been assumed by the Department for Business, Innovation and Skills (BIS). The Commissioner’s decision is that the majority of the requested information is not held. His … Continue reading Department for Business Innovation and Skills (Decision Notice): ICO 20 Jun 2012

L v L and Hughes Fowler Carruthers: QBD 1 Feb 2007

The parties were engaged in ancillary relief proceedings. The Husband complained that the wife had sought to use unlawfully obtained information, and in these proceedings sought delivery up of the material from the wife and her solicitors. He said that the information was subject to professional legal privilege and was otherwise confidential. They had admitted … Continue reading L v L and Hughes Fowler Carruthers: QBD 1 Feb 2007

Cheshire West and Chester Council (Decision Notice): ICO 2 Feb 2012

ICO The complainant has requested copies of declaration of interests for senior officers at the council. The council initially withheld the information under section 22 because it stated that it intended to publish the information at some point in the future. On review however it decided that that had only been decided after the request … Continue reading Cheshire West and Chester Council (Decision Notice): ICO 2 Feb 2012

Cubells v Information Commissioner: FTTGRC 2 Dec 2013

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

Oates v Information Commissioner: FTTGRC 20 Dec 2013

Whether information held s.1 FOIA – Personal data s.1(1) DPA Personal data s.40 FOIA [2013] UKFTT EA – 2013 – 0040 (GRC Bailii Freedom of Information Act 2000, Data Protection Act 1998 England and Wales Citing: Cited – Durant v Financial Services Authority CA 8-Dec-2003 The appellant had been unsuccessful in litigation against his former … Continue reading Oates v Information Commissioner: FTTGRC 20 Dec 2013

Information Commissioner (Decision Notice) FS50483541: ICO 11 Jul 2013

The complainant has requested information from the ICO which relates to its investigation into a previous case FER0402796. This concerned a complaint made to the ICO relating to a request for information made to the New Forest National Park Authority (the ‘NFNPA’) by the complainant. The ICO refused to disclose the requested information under section … Continue reading Information Commissioner (Decision Notice) FS50483541: ICO 11 Jul 2013

Information Commissioners Office (Decision Notice): ICO 6 May 2014

ICO The complainant has requested the ICO to disclose a copy of the briefing notes to Lord Turner, which were supplied to the ICO by the Financial Conduct Authority (FCA) in relation to an earlier complaint the complainant had made to the ICO under section 50 of the FOIA. The ICO responded refusing to disclose … Continue reading Information Commissioners Office (Decision Notice): ICO 6 May 2014

Gwynedd Council (Decision Notice): ICO 16 Jan 2014

ICO The complainant requested representations provided to Gwynedd Council (‘the Council’) concerning a particular gate and the use of a right of way on which the gate is situated. The Council refused to provide the requested information under regulation 13 of the EIR. The Commissioner has investigated and found that the information is exempt from … Continue reading Gwynedd Council (Decision Notice): ICO 16 Jan 2014

X and West Dunbartonshire Council: SIC 11 Sep 2009

Mr X requested from West Dunbartonshire Council (the Council) information relating to a complaint which he and his wife had made about a nuisance odour from a specified address. The Council withheld the information under various exemptions in the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Mr X remained dissatisfied and applied … Continue reading X and West Dunbartonshire Council: SIC 11 Sep 2009

Lloyd v Google LLC: SC 10 Nov 2021

No damages for Loss of Control of Data The respondent has issued a claim alleging that the appellant (‘Google’) has breached its duties as a data controller under the DPA to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use their browser … Continue reading Lloyd v Google LLC: SC 10 Nov 2021

Thompson v City of Edinburgh Council: SIC 4 Mar 2014

Resolution Complaints Panel reports – On 4 July 2013, Mrs Thompson asked for a copy of Resolution Complaints Panel reports prepared by the City of Edinburgh Council (the Council). The Council decided that the information in the reports was entirely excepted from disclosure under the EIRs. During the investigation, the Council disclosed a redacted version … Continue reading Thompson v City of Edinburgh Council: SIC 4 Mar 2014

Crown Prosecution Service (Decision Notice): ICO 10 Jul 2013

The complainant has requested information related to the prosecution of a named defendant. The public authority withheld the information citing the exemptions in sections 30(1)(c), 32(1), 40(2) and 42(1) of the FOIA. The Commissioner’s decision is that the exemption in section 40(2) is engaged and that disclosure of the requested information would breach the Data … Continue reading Crown Prosecution Service (Decision Notice): ICO 10 Jul 2013

Vidal-Hall and Others v Google Inc: QBD 16 Jan 2014

The claimants alleged misuse of their private information in collecting information about their internet useage when using Google products. Google now applied for an order setting aside consent for service out of the jurisdiction. Held: The judge dismissed the applications to set aside permission to serve the claim form out of the jurisdiction in respect … Continue reading Vidal-Hall and Others v Google Inc: QBD 16 Jan 2014

Hepburn MSP and North Lanarkshire Council: SIC 16 Jul 2009

Mr Jamie Hepburn MSP (Mr Hepburn) requested from North Lanarkshire Council (the Council) the numbers of correspondence items received from individual MSPs, MPs and MEPs over a specified period of time. The Council withheld the information under the exemption in section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA), which allows public authorities … Continue reading Hepburn MSP and North Lanarkshire Council: SIC 16 Jul 2009

West Sussex County Council (Decision Notice): ICO 10 Apr 2012

The complainant requested information relating to a parking matter outside his property. West Sussex County Council supplied relevant information, although it withheld some information using the exemption under section 40(2) of the Freedom of Information Act 2000 on the basis that it was the personal data of a third party. The Commissioner’s decision is that … Continue reading West Sussex County Council (Decision Notice): ICO 10 Apr 2012

Hounslow London Borough Council (Local Government (Borough Council)): ICO 7 Jul 2015

The complainant has requested information from the London Borough of Hounslow (‘the Council’) relating to a Penalty Charge Notice (PCN). The Commissioner’s decision is that the Council incorrectly handled requests 1 and 12 under the FOIA. These two requests should have been handled under the Data Protection Act 1998 (DPA) as they seek the requesters … Continue reading Hounslow London Borough Council (Local Government (Borough Council)): ICO 7 Jul 2015

ZXC v Bloomberg Lp: CA 15 May 2020

Privacy Expecation during police investigations Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further identified the Claimant as the subject of a criminal investigation. The court was … Continue reading ZXC v Bloomberg Lp: CA 15 May 2020

Department of Health, Regina (on The Application of) v Information Commissioner: Admn 20 Apr 2011

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

Lampert v Information Commissioner and Financial Services Authority: FTTGRC 7 Jun 2011

For the reasons set out, the Public Authority was not obliged to comply with the Complainant’s request for information by reason of sections 14(1) and 14(2) of the Freedom of Information Act 2000. No action is required by the Public Authority. [2011) UKFTT EA – 2010 – 0203 Bailii Freedom of Information Act 2000 1 … Continue reading Lampert v Information Commissioner and Financial Services Authority: FTTGRC 7 Jun 2011

South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Commissioner’s Approach not in Breach In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His underlying purpose was to find out whether … Continue reading South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Durant v Financial Services Authority: CA 8 Dec 2003

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

Corporate Officer of the House of Commons v The Information Commissioner and others: Admn 16 May 2008

Applicants had sought disclosure of information supplied by members of Parliament in support of expenses claims. The Office appealed against an order from the Commissioner to produce that information, saying that the actions of Parliament are not subject to judicial control or review. Held: The appeal was dismissed. The tribunal had made no error of … Continue reading Corporate Officer of the House of Commons v The Information Commissioner and others: Admn 16 May 2008

Imerman v Tchenguiz and Others: QBD 27 Jul 2009

It was said that the defendant had taken private and confidential material from the claimant’s computer. The claimant sought summary judgement for the return of materials and destruction of copies. The defendant denied that summary judgement was appropriate where the confidential status was in doubt, and where he wished to assert a public interest defence. … Continue reading Imerman v Tchenguiz and Others: QBD 27 Jul 2009

British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law. Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules … Continue reading British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

MGN Limited v United Kingdom: ECHR 18 Jan 2011

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

Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

Damages for breach of Data Protection The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ browser generated information was contrary to the defendant’s publicly stated position that … Continue reading Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

Edem v The Information Commissioner and Another: CA 7 Feb 2014

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

Deer v University of Oxford: CA 6 Feb 2015

The claimant had previously succeeded in a claim of sex discrimination against the University, her former employer. She now appealed against rejection of her claims alleging later victimisation. Held: Two appeals succeed, and those matters remitted to the tribunal for reconsideration: ‘I do not see why not: if the appellant were able to establish that … Continue reading Deer v University of Oxford: CA 6 Feb 2015

Regina v Commissioner of Police for The Metropolis, ex parte Rottman: HL 16 May 2002

The defendant had been arrested under an extradition warrant issued under the Act. The police had searched his premises, and found further evidence which was used to support the application for extradition. He challenged the collection and admission of the evidence which was outside the scope of the 1984 Act. Held: The 1984 Act did … Continue reading Regina v Commissioner of Police for The Metropolis, ex parte Rottman: HL 16 May 2002

Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

Quinton v Peirce and Another: QBD 30 Apr 2009

One election candidate said that another had defamed him in an election leaflet. Additional claims were made in injurious falsehood and under the Data Protection Act. Held: The claim in defamation failed. There were no special privileges in defamation attaching to election materials. However the claimant had not been able to establish any malice. The … Continue reading Quinton v Peirce and Another: QBD 30 Apr 2009

Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008

An MP had asked the Agency under the 2002 Act for details of all incidents of childhood leukaemia for both sexes by year from 1990 to 2003 for all the DG (Dumfries and Galloway) postal area by census ward. The Agency replied by saying that the release of the information would put at risk the … Continue reading Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008

Turley v Unite The Union and Another: QBD 19 Dec 2019

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

Lloyd v Google Llc: QBD 8 Oct 2018

No Damage – No extra jurisdiction Service Application to serve proceedings here – allegation that over some months Google acted in breach its duty under the 1998 Act by secretly tracking the internet activity of Apple iPhone users, collating and using the information it obtained by doing so, and then selling the accumulated data. The … Continue reading Lloyd v Google Llc: QBD 8 Oct 2018

The Information Commissioner v The FSA and Edem: UTAA 11 Dec 2012

ic_fsa Information rights – Data protection – whether a person’s name constitutes personal data. As the decision of the First-tier Tribunal (made on 16 April 2012 under reference EA/2011/0132) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act … Continue reading The Information Commissioner v The FSA and Edem: UTAA 11 Dec 2012

The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012

The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012

Johnson v The Medical Defence Union Ltd: ChD 3 Mar 2006

The claimant sought disclosure under the 1998 Act by the defendant of records held by them. The respondent said that the information they held did not amount to data under the Act. Held: The information was contained in different formats, on paper, electronically and on CD, but was then brought together in a risk assessment. … Continue reading Johnson v The Medical Defence Union Ltd: ChD 3 Mar 2006

Scott v LGBT Foundation Ltd: QBD 3 Mar 2020

Disclosure of risk of self harm made no claim The claimant complained that the respondent support group had disclosed to his doctor that fact that they had assessed him as being at significant risk of suicide or other substantial self-harm, and that it was at that time unable to provide Mr Scott with the services … Continue reading Scott v LGBT Foundation Ltd: QBD 3 Mar 2020

APG v Information Commissioner and The Ministry of Defence: UTAA 15 Apr 2011

UTAA Freedom of Information Act 2000 – cost of compliance and appropriate limit – time for compliance – refusal notice – exemption where cost of compliance exceeds appropriate limit – late reliance on exemptions – code of practice – advice and assistance – qualified exemptions – legal professional privilege – defence – international relations – … Continue reading APG v Information Commissioner and The Ministry of Defence: UTAA 15 Apr 2011

DB v The General Medical Council: QBD 23 Sep 2016

Council unable to Disclose report The Claimant General Practitioner, sought an order against the General Medical Council to prevent it from disclosing to his former patient, pursuant to his request under the 1988 Act, an expert report obtained by the GMC for the purpose of investigating P’s complaint concerning his professional competence. Held: The claim … Continue reading DB v The General Medical Council: QBD 23 Sep 2016

HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

Defence had no prospect of success – Struck Out The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment. Held: Warby J said: ‘There are two main questions … Continue reading HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

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

Totalise Plc v The Motley Fool Limited and Interative Investor Limited (2): CA 19 Dec 2001

The respondent operated a web site which contained a chat room. Defamatory remarks were made by a third party through the chat room, and the claimant sought details of the identity of the poster. The respondent refused to do so without a court order. One was applied for, and the claimant was given the information … Continue reading Totalise Plc v The Motley Fool Limited and Interative Investor Limited (2): CA 19 Dec 2001

Wm Morrison Supermarkets Plc v Various Claimants: CA 22 Oct 2018

Co vicariously liable for employee’s data breach A member of the company’s staff had unlawfully disclosed personal details of many company employees. The data consisted of personal information of the defendant’s employees including their names, addresses, gender, dates of birth, phone numbers, national insurance numbers, bank sort codes, bank account numbers and salaries. He copied … Continue reading Wm Morrison Supermarkets Plc v Various Claimants: CA 22 Oct 2018

MGN Limited v United Kingdom: ECHR 24 Oct 2008

The Mirror had published a picture of Naomi Campbell leaving a rehabilitation clinic. They appealed a decision in which having been found to have infringed her privacy by a covertly taken photograph, they had then been ordered to pay very substantial sums in costs, including a success fee. Held: The court asked the parties to … Continue reading MGN Limited v United Kingdom: ECHR 24 Oct 2008

Mosley v Google Inc and Another: QBD 15 Jan 2015

The claimant had successfully pursued action against a newpaper’s publication of a film of him engaging in sex with prostitutes, but others had retained copies of the film on-line. He now pursued an action against the search engine to oblige them to exclude such unauthorised films from their results. The defendant accepted that it operated … Continue reading Mosley v Google Inc and Another: QBD 15 Jan 2015

Durham County Council v Dunn: CA 13 Dec 2012

The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and in particular the roles of Data Protection law and the Civil Procedure Rules. Held: The Council’s … Continue reading Durham County Council v Dunn: CA 13 Dec 2012

TLT and Others v The Secretary of State for The Home Department and Another: QBD 24 Jun 2016

Damages for Publication of Asylum Applicants Data The claimants had been part of the family returns process, returning failed asylum seekers to their countries of origin. The defendant collected data about the process and published a spreadsheet which was intended to provide an anonymous summary of the process, but in fact also contained many private … Continue reading TLT and Others v The Secretary of State for The Home Department and Another: QBD 24 Jun 2016