Click the case name for better results:

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

Vanderborght: ECJ 4 May 2017

ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Oral and dental care – National legislation prohibiting advertising in the case of oral and dental services – Existence of a cross-border element – Protection of public health – Proportionality – Directive 2000/31 / EC – Information … Continue reading Vanderborght: ECJ 4 May 2017

Queens College (Decision Notice): ICO 8 Aug 2011

The complainant made two sets of requests to the Queen’s College for information principally relating to the proposed sale of land at Keresley, which formed part of larger plans for a residential development. The public authority responded by stating that, for most parts of the request, it did not hold recorded information. Where any information … Continue reading Queens College (Decision Notice): ICO 8 Aug 2011

Royal Mail (Decision Notice): ICO 19 Nov 2007

The complainant made a request for several pieces of information to Royal Mail Group PLC (‘Royal Mail’). This was treated as a request under the Freedom of Information Act 2000 (the ‘Act’). Royal Mail provided some information relating to the request. However it refused to provide a large proportion of the information requested, stating that … Continue reading Royal Mail (Decision Notice): ICO 19 Nov 2007

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Imperial College London (Decision Notice): ICO 30 Oct 2008

The complainant made a request under the Freedom of Information Act 2000 (the ‘Act’) to the Imperial College London (the ‘college’) for information relating to its admissions guidelines. After considering the case the Commissioner is satisfied that the information requested is not held by the college. The Commissioner considers that the request was not however … Continue reading Imperial College London (Decision Notice): ICO 30 Oct 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

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 13 Feb 2007

The complainant, on 4 January 2005, requested information from the Department of Trade and Industry in relation to the assessment by the Department of the application for grant aid made in relation to the complainant’s wave energy conversion system. The Department withheld the information on the basis that it is exempt under sections 36, 41 … Continue reading Department of Trade and Industry (Decision Notice): ICO 13 Feb 2007

BBC (Decision Notice): ICO 31 Jul 2012

The complainant has requested information as to whether the BBC undertakes surveillance aimed at detecting the unlicensed reception of live television broadcasts which are transmitted via the internet, and received by a person using a computer or similar device. The BBC withheld this information under section 31(a), (b), (d) and (g) and 31(2)(a) of the … Continue reading BBC (Decision Notice): ICO 31 Jul 2012

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

The complainant requested information from Basildon District Council relating to the removal of specific traveller sites. The Council initially withheld the information using section 43 of the Freedom of Information Act 2000. At the internal review stage, it sought to withhold the information using the additional exemptions under section 31, 38 and 41. The Information … Continue reading Basildon District Council (Decision Notice): ICO 28 Feb 2011

NHS Commissioning Board (NHS England) (Health (NHS)) FS50611914: ICO 4 Aug 2016

ICO The complainant has requested a breakdown of the current market rents (CMRs), in particular the andpound;/m2 or andpound;/sq.ft, for practices in Herts Valleys as well as the premises grade for each practice. NHS England provided the complainant with information relating to premise grading but refused to provide information regarding the cost of individual premises … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)) FS50611914: ICO 4 Aug 2016

General Medical Council (Local Government (Other)): ICO 23 May 2016

ICO The complainant has requested information about whether the GMC had received complaints about a particular doctor. The 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 that the GMC was correct to neither confirm nor deny whether … Continue reading General Medical Council (Local Government (Other)): ICO 23 May 2016

Charity Commission (Decision Notice): ICO 23 Dec 2009

The complainant requested information from the Charity Commission relating to an investigation carried out by a Receiver and Manager appointed by the Charity Commission into the financial affairs of two registered charities. The Charity Commission did not hold some of the requested information, provided the complainant with some, and refused to disclose the remainder on … Continue reading Charity Commission (Decision Notice): ICO 23 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

Charity Commission (Decision Notice): ICO 10 Nov 2009

The complainant made a request to the Charity Commission for details of correspondence it had entered into with the National Trust on a specific issue. The Charity Commission provided some information. However, it refused to provide any additional information on the basis that it was exempt under sections 40(2) and 41 of the Freedom of … Continue reading Charity Commission (Decision Notice): ICO 10 Nov 2009

NHS Commissioning Board (NHS England) (Health (NHS)): ICO 19 Nov 2015

ICO The complainant has requested full details of the Lead Provider Framework submission from Yorkshire and Humber Commissioning Support. The complainant said that this should include a copy of the submission and the documents relating to the appraisal of the bid including the scoring sheets that were completed. NHS England refused to provide the requested … Continue reading NHS Commissioning Board (NHS England) (Health (NHS)): ICO 19 Nov 2015

Cabinet Office (Central Government) FS50558880: ICO 30 Sep 2015

ICO The complainant requested information relating to polling research regarding the then impending Scottish independence referendum. The Cabinet Office provided some information to the complainant, but refused the remainder under section 22(1)(a) and 35(1)(a) of the Freedom of Information Act 2000 (the Act). The Cabinet Office also stated that should section 22(1)(a) be overturned there … Continue reading Cabinet Office (Central Government) FS50558880: ICO 30 Sep 2015

North Lincolnshire Council (Local Government (Unitary Council)): ICO 9 Jul 2015

ICO The complainant requested information from North Lincolnshire Council (‘the council’) on the subject of what representations Leonard Cheshire Disability had made to the council regarding increases in the fees paid for the social care provided by them in order to pay carers the living wage. The council relied on the exemption under section 43(2) … Continue reading North Lincolnshire Council (Local Government (Unitary Council)): ICO 9 Jul 2015

Department of Health (Central Government) FS50567271: ICO 8 Jul 2015

The complainant has requested copies of all emails involving the Chief Medical Officer relating to Ebola within particular time periods. The DoH refused to provide the requested information under sections 22, 27, 35(1)(a), 38, 40(2) and 43 of the FOIA. The Commissioner’s decision is that the DoH has correctly applied section 35(1)(a) FOIA to all … Continue reading Department of Health (Central Government) FS50567271: ICO 8 Jul 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

Cornwall Council (Local Government (District Council)): ICO 12 May 2015

The complainant requested information from Cornwall Council (‘the council’) relating to a particular property. The council transferred the requests to Cornwall Housing Limited (‘Cornwall Housing’). Cornwall Housing provided some information but subsequently said that the requests were vexatious under section 14(1) of the Freedom of Information Act 2000 (‘the FOIA’). The complainant argued that the … Continue reading Cornwall Council (Local Government (District Council)): ICO 12 May 2015

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

Evans and Another, Regina (on The Application of) v Attorney General: SC 26 Mar 2015

The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments. Held: The appeal failed (Majority). The A-G had not been free to rely upon section 53 to issue a certificate avoiding the requirement to disclose the … Continue reading Evans and Another, Regina (on The Application of) v Attorney General: SC 26 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

Matuz v Hungary: ECHR 21 Oct 2014

ECHR Article 10-1 Freedom of expression Journalist dismissed for publishing a book criticising his employer in breach of confidentiality clause: violation Facts – The applicant was a Hungarian journalist employed by the State television company. In 2004 he was dismissed for breaching a confidentiality clause after he published a book concerning alleged censorship by a … Continue reading Matuz v Hungary: ECHR 21 Oct 2014

Capital for Enterprise Ltd (Decision Notice): ICO 21 Jun 2011

The complainant made a request to Capital for Enterprise Limited (CfEL) for information relating to Enterprise Capital Funds (ECFs). CfEL refused to provide this information to the complainant as it stated it was exempt from disclosure under section 41 and section 43(2) of the Freedom of Information Act 2000. The Commissioner considers that the section … Continue reading Capital for Enterprise Ltd (Decision Notice): ICO 21 Jun 2011

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

Redcar and Cleveland Borough Council (Decision Notice): ICO 17 Sep 2007

ICO The complainant requested information relating to a planning application to demolish property used by Redcar and Cleveland College (the ‘College’) for redevelopment purposes. Redcar and Cleveland Borough Council (the ‘Council’) claimed that most of the information sought was already available for public inspection. It asserted that the remainder consisted of – pre-application discussions – … Continue reading Redcar and Cleveland Borough Council (Decision Notice): ICO 17 Sep 2007

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 ‘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

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 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

Department of Health (Decision Notice) FS50149374: 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

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 14 Apr 2008

ICO The complainant made a number of requests to the Department of Health (the ‘DoH’) in connection with NHS Connecting for Health and the PACS (Picture Archiving and Communications System) procurement programme. These requests were made under the Freedom of Information Act 2000 (the ‘Act’). Whilst most of the information was disclosed the DoH withheld … Continue reading Department of Health (Decision Notice): ICO 14 Apr 2008

East Riding of Yorkshire Council (Decision Notice): ICO 28 Jan 2008

ICO The complainant requested a number of items relating to the maintenance of a caravan site owned by the East Riding of Yorkshire Council (the ‘Council’). The Council refused the request in its entirety, citing the exemption under section 43 (commercial interests) of the Freedom of Information Act 2000 (the ‘Act’). Following the intervention of … Continue reading East Riding of Yorkshire Council (Decision Notice): ICO 28 Jan 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

House of Commons (Decision Notice): ICO 7 Dec 2009

ICO The complainant made a request to the House of Commons for information concerning plans to produce a portrait, photograph or sculpture of the Rt Hon Gordon Brown MP. The information was refused on the basis that it was exempt under sections 43(2) and 40(2) of the Freedom of Information Act 2000 and this decision … Continue reading House of Commons (Decision Notice): ICO 7 Dec 2009

Department of Health (Decision Notice): ICO 10 Nov 2009

ICO The complainant requested a number of pieces of information regarding the consultation document, ‘Arrangements under Part IX of the Drug Tariff for the Provision of stoma and incontinence appliances’ and related services ‘to Primary Care. Revised Proposals. Clarifications.’ The Department of Health provided some information, but withheld the rest, citing sections 21, 41 and … Continue reading Department of Health (Decision Notice): ICO 10 Nov 2009

Department of Health (Decision Notice): ICO 29 Jan 2009

ICO The complainant requested a copy of a contract agreed by the public authority for the provision of a national broadband network under the NHS National Programme for IT with certain information removed. The public authority initially refused to disclose the contract under sections 12 (cost of compliance exceeds the appropriate limit) and 43(2) (prejudice … Continue reading Department of Health (Decision Notice): ICO 29 Jan 2009

Department for Education (Decision Notice): ICO 16 Dec 2010

The complainant requested information relating to a study carried out into elective home education known as -‘The Badman Report’. The public authority refused to disclose the requested information relying upon section 14(1) of the Freedom of Information Act 2000. The Commissioner considers that the public authority applied section 14 appropriately. However he finds that the … Continue reading Department for Education (Decision Notice): ICO 16 Dec 2010

Camden Council (Decision Notice): ICO 21 Dec 2010

ICO Decision Notice: The complainant requested the address of every empty residential property in the London Borough of Camden in which a non-individual is listed as either being the owner or as having a material interest in the property. The London Borough of Camden (‘the Council’) refused to provide the information, citing the exemption under … Continue reading Camden Council (Decision Notice): ICO 21 Dec 2010

Merton London Borough Council (Decision Notice): ICO 24 Aug 2010

The complainant requested information from the London Borough of Merton (the Council) concerning proposals to make certain roles within the Council redundant. The Council initially refused to provide any information citing the exemptions under section 40(2) and 43(2) of the Freedom of Information Act 2000 (the FOIA). In relation to the latter exemption, it concluded … Continue reading Merton London Borough Council (Decision Notice): ICO 24 Aug 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

Cornwall Council (Decision Notice): ICO 10 May 2010

ICO The complainant submitted a request to Cornwall Council (‘the Council’) for details regarding the decision to place an individual (since deceased) into care. The Council provided some information but refused to disclose other information on the basis that it constituted part of the deceased’s health records. It informed the complainant that the information would … Continue reading Cornwall Council (Decision Notice): ICO 10 May 2010

Department of Health (Decision Notice): ICO 17 May 2010

ICO The complainant made a request under the Freedom of Information Act 2000 to the Department of Heal for advice from the Chief Medical Officer (CMO) to the Secretary of State for Health in August 1990 regarding the litigation over the infection of haemophiliacs with HIV through contaminated blood products. The DoH refused the complainant’s … Continue reading Department of Health (Decision Notice): ICO 17 May 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

Ministry of Justice (Decision Notice) FS50347926: ICO 21 Jun 2011

ICO The complainant requested details of the complete contract held between the Ministry of Justice and Registry Trust Ltd for maintaining the Register of Judgments, Orders and Fines, together with information on associated charges, costs and the surplus paid into the Consolidated Fund. The public authority originally provided a copy of the contract but with … Continue reading Ministry of Justice (Decision Notice) FS50347926: ICO 21 Jun 2011

Royal Mail (Decision Notice): ICO 30 Mar 2011

ICO The complainant made a request to Royal Mail Group PLC under the Freedom of Information Act 2000 for a list of all current agreements held to deliver unaddressed mail in a certain postcode area. Royal Mail confirmed that it held the requested information but stated that it believed it was exempt from disclosure by … Continue reading Royal Mail (Decision Notice): ICO 30 Mar 2011

Department for Culture Media and Sport (Decision Notice): ICO 30 Mar 2011

ICO The complainant asked the DCMS (the public authority) to provide information relating to EnglandNet. The public authority refused to disclose this using the exemptions in sections 12, 27, 42 and 43 of the Freedom of Information Act 2000 (the Act). During the course of the investigation it determined that it wished to cite section … Continue reading Department for Culture Media and Sport (Decision Notice): ICO 30 Mar 2011

Department of Health (Decision Notice) FS50303047: ICO 10 Jan 2011

ICO The complainant requested several pieces of information surrounding the cost of the swine flu vaccination programme. Although the DoH provided some information, it withheld details of the purchase price of the swine flu vaccine under sections 41(1)(b) and 43(2). During the Commissioner’s investigation the DoH also sought to rely upon section 44(1)(b), on the … Continue reading Department of Health (Decision Notice) FS50303047: ICO 10 Jan 2011

Department of Health (Decision Notice) FS50440895: ICO 30 Oct 2012

ICO The complainant requested information concerning the relationship between the Department of Health (DOH) and Steria in relation to NHS Shared Business Services (NHS SBS). The Commissioner’s decision is that section 43(1) of the FOIA is not engaged in relation to any of the withheld information. The Commissioner considers that section 43(2) of the FOIA … Continue reading Department of Health (Decision Notice) FS50440895: ICO 30 Oct 2012

Manchester City Council (Decision Notice): ICO 6 Aug 2012

ICO The complainant requested information from Manchester City Council (‘the Council’). The council has not responded to the request. The Commissioner’s decision is that the council has breached its obligation under section 10(1) of the Freedom of Information Act 2000 (‘the FOIA’) because it has failed to respond to the request. The Commissioner requires the … Continue reading Manchester City Council (Decision Notice): ICO 6 Aug 2012

Department of Health (Decision Notice): ICO 5 Jul 2012

ICO The complainant has requested information relating to companies that under-delivered on price reductions under the 2005/2008 Pharmaceutical Price Regulation Scheme (PPRS). The Department of Health (DoH) provided the complainant with some of the requested information but withheld much of the requested information under section 43(2) of the Freedom of Information Act 2000 (FOIA). The … Continue reading Department of Health (Decision Notice): ICO 5 Jul 2012

Department for Education (Decision Notice): ICO 20 Jun 2012

ICO The complainant has requested a policy document on the future of the careers service. The Department for Education (DfE) refused to provide the requested information under section 35(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the DfE has correctly applied section 35(1)(a) to withhold the requested information in … Continue reading Department for Education (Decision Notice): ICO 20 Jun 2012

Her Majesty’s Revenue and Customs (Decision Notice): ICO 15 May 2012

ICO The complainant has requested copies of Her Majesty’s Revenue and Customs’ (HMRC) skeleton arguments for 6 specific cases in relation to which judgements have been given. HMRC refused to disclose this information under section 44(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that HMRC has correctly applied section 44(1)(a) … Continue reading Her Majesty’s Revenue and Customs (Decision Notice): ICO 15 May 2012

Manchester City Council (Decision Notice): ICO 24 Apr 2012

ICO The complainant requested information from Manchester City Council (the council) relating to outsourcing to either Barristers Chambers or solicitors at employment tribunals. The council supplied the requested information outside of the 20 working day time frame. The Commissioner’s decision is that the council breached section 10 of the Freedom of Information Act 2000 (the … Continue reading Manchester City Council (Decision Notice): ICO 24 Apr 2012

Department for Environment Food and Rural Affairs (Decision Notice) FS50492408: ICO 5 Nov 2013

ICO The complainant has made a request to Defra for information relating to flood insurance. It refused to disclose the information it held relevant to the scope of this request under section 35(1)(a), section 41 and section 43(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that Defra has correctly applied … Continue reading Department for Environment Food and Rural Affairs (Decision Notice) FS50492408: ICO 5 Nov 2013

Department of Health (Decision Notice): ICO 30 Jul 2013

ICO The complainant has requested information about NHS South West’s contract with a named company. NHS South West provided the complainant with some of the requested information but withheld some information under section 42 and section 43(2) FOIA. NHS South West became defunct on 1 April 2013. The Department of Health Legacy Management Team has … Continue reading Department of Health (Decision Notice): ICO 30 Jul 2013

Financial Services Authority (Decision Notice): ICO 26 Mar 2013

The complainant has requested information about Financial Services Authority (FSA) enquiries into an overseas property investment scheme run by [named company]. The FSA refused to provide the requested information under section 40(2), section 42, section 43(2) and section 44(1)(a) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the FSA has … Continue reading Financial Services Authority (Decision Notice): ICO 26 Mar 2013

Department of Health (Decision Notice): ICO 7 Jan 2013

ICO The complainant has requested from the Department of Health (DoH) copies of papers put before the NHS Operations Executive. The Commissioner considers that disclosure of the requested information engages section 36(2)(b) but that, in all the circumstances, the public interest in maintaining the exemption is outweighed by the public interest in disclosure. He finds … Continue reading Department of Health (Decision Notice): ICO 7 Jan 2013

Department of Health (Decision Notice): ICO 11 Mar 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

Department for Education (Decision Notice): ICO 13 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

Department of Health (Decision Notice): ICO 28 Jan 2014

ICO The complainant has requested from the Department of Health (DoH) anonymised information relating to the 2009 Pharmaceutical Price Regulation Scheme (2009 PPRS). The DoH provided the complainant with information it considered fulfilled the requests, although it noted that the information which could not be anonymised was exempt under sections 41 (information provided in confidence) … Continue reading Department of Health (Decision Notice): ICO 28 Jan 2014

Scotland Office (Decision Notice): ICO 29 Oct 2007

The complainant asked the public authority for information about proposals to establish a dedicated Gaelic television channel. The public authority withheld the information citing the exemptions in sections 21(1), 35(1)(a), (b) and (c), 40(2)(a), 41(1)(a) and (b), and 43(2) of the Freedom of Information Act 2000 (‘the Act’). Following an internal review it released some … Continue reading Scotland Office (Decision Notice): ICO 29 Oct 2007

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

Nottinghamshire Healthcare Trust (Decision Notice): ICO 24 Apr 2013

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

Sugar v British Broadcasting Corporation and Another: HL 11 Feb 2009

The Corporation had commissioned a report as to its coverage of Middle East issues. The claimant requested a copy, and the BBC refused saying that the report having been obtained for its own journalistic purposes, and that it was not covered by the 2000 Act. The claimant appealed against a confirmation by the CA that … Continue reading Sugar v British Broadcasting Corporation and Another: HL 11 Feb 2009

Sugar v British Broadcasting Corporation and Another (2): SC 15 Feb 2012

The claimant sought release of a report prepared by the respondent as to its coverage of the Arab/Israel conflict partly for journalistic purposes, and partly for compliance. Held: The appeal failed. Where the report was prepared even if only in part for jurnalistic purposes, it was exempt from disclosure under the 2000 Act. Lord Wilson … Continue reading Sugar v British Broadcasting Corporation and Another (2): SC 15 Feb 2012

A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009

B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it was vitiated by bias, and in breach of his right to freedom of … Continue reading A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009

Ashworth Security Hospital v MGN Limited: HL 27 Jun 2002

Order for Journalist to Disclose Sources The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have originated in the hospital. Held: An order requiring disclosure … Continue reading Ashworth Security Hospital v MGN Limited: HL 27 Jun 2002

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

Metropolitan International Schools Ltd. (T/A Skillstrain And/Or Train2Game) v Designtechnica Corp (T/A Digital Trends) and Others: QBD 16 Jul 2009

The claimant complained that the defendant had published on its internet forums comments by posters which were defamatory of it, and which were then made available by the second defendant search engine. The court was asked what responsibility a search engine might have for a defamation pointed to by its results pages. Held: As to … Continue reading Metropolitan International Schools Ltd. (T/A Skillstrain And/Or Train2Game) v Designtechnica Corp (T/A Digital Trends) and Others: QBD 16 Jul 2009