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Acts

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Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002

The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002

Treasury Solicitors (Decision Notice): ICO 19 Oct 2009

The complainant requested that the Treasury Solicitor’s Department provided him with the identity of the individual(s) whose allegations culminated in him being declared a vexatious litigant. TSOL refused to disclose the information on grounds provided by section 30 (investigations and proceedings conducted by public authorities) or, in the alternative, section 31 (law enforcement) of the … Continue reading Treasury Solicitors (Decision Notice): ICO 19 Oct 2009

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

University of Leicester (Decision Notice): ICO 23 Dec 2008

ICO In this matter the complainant made a series of Freedom of Information requests of the public authority. The requests were refined and the Commissioner has made a decision about three outstanding items. The Commissioner has concluded that all of those items, in this context, constitute the complainant’s personal data and therefore they are exempt … Continue reading University of Leicester (Decision Notice): ICO 23 Dec 2008

Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007

The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007

East Sussex County Council (Decision Notice): ICO 9 Mar 2011

The complainants are a firm of solicitors representing clients who are in dispute with the council over their house. The house is close to the intended route of a new section of road and the clients are concerned that this will adversely affect their enjoyment of, and the value of their property. The council provided … Continue reading East Sussex County Council (Decision Notice): ICO 9 Mar 2011

Hertfordshire Constabulary (Decision Notice): ICO 28 Feb 2008

The complainant’s son died in a traffic incident which occurred on the A1(M) in Hertfordshire in July 2003. Since then he has been in correspondence with the public authority seeking access to information relating to its investigation of this incident. Partial disclosure had been made to him as the father of the deceased (not as … Continue reading Hertfordshire Constabulary (Decision Notice): ICO 28 Feb 2008

Department of Finance and Personnel Ni (Decision Notice): ICO 12 Jul 2005

The complainant requested details of the full qualifications, experience and duties of each member of the Department’s Web Design Team by grade. The public authority withheld information about the full qualifications and experience of each member of the Web Design Team under Section 40(2) of the FOI Act on the basis that it was personal … Continue reading Department of Finance and Personnel Ni (Decision Notice): ICO 12 Jul 2005

Gaskin v The United Kingdom: ECHR 7 Jul 1989

The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989

South Gloucestershire Council (Decision Notice): ICO 3 Jan 2007

The complainant requested all information held by the public authority in relation to surveillance it carried out on him. In particular, the complainant asked for copies of letters from a third party concerning the matter. The public authority cited several exemptions including section 40 of the Freedom of Information Act 2000. The Commissioner is satisfied … Continue reading South Gloucestershire Council (Decision Notice): ICO 3 Jan 2007

West Mercia Police (Decision Notice): ICO 27 Oct 2009

ICO The complainant requested a report commissioned by the police as part of an investigation into a perjury allegation made by him. The public authority refused to either confirm or deny whether it held information falling within the scope of the request and cited the exemptions provided by sections 30(3) (information relating to investigations), 38(2) … Continue reading West Mercia Police (Decision Notice): ICO 27 Oct 2009

Office of The Legal Services Ombudsman (Decision Notice): ICO 20 Nov 2008

The complainant requested a breakdown of the amount of money paid by the Office of the Legal Services Ombudsman (‘OLSO’) to its external solicitors to defend itself against a judicial review action brought against the OLSO by him. The OLSO confirmed that it held such information but considered it be exempt from disclosure on the … Continue reading Office of The Legal Services Ombudsman (Decision Notice): ICO 20 Nov 2008

Plymouth Teaching Primary Care Trust (Decision Notice): ICO 11 Dec 2008

The complainant made three requests (dated 14, 15 and 16 May 2007) under the Freedom of Information Act 2000 (the ‘Act’) to the Plymouth Teaching Primary Care Trust (the ‘Trust’) for correspondence and other information relating to suspensions from the Trust. The Trust dealt with the request of 14 May 2007 under the Data Protection … Continue reading Plymouth Teaching Primary Care Trust (Decision Notice): ICO 11 Dec 2008

Vehicle and Operator Services Agency (Decision Notice): ICO 17 Sep 2007

The complainant requested details of a Vehicle and Operator Services Agency (‘VOSA’) examiner’s maintenance report and findings. VOSA refused this request under section 31 of the Freedom of Information Act 2000 (the ‘Act’). During the course of the investigation, VOSA also submitted that the information was exempt under section 32 of the Act. Having considered … Continue reading Vehicle and Operator Services Agency (Decision Notice): ICO 17 Sep 2007

Her Majestys Courts Service (Decision Notice): ICO 25 Mar 2009

ICO The complainant was the subject of a civil proceedings order issued under section 42 of the Supreme Court Act 1981. The complainant asked the public authority for a letter about him which was sent by the judges to the Attorney General’s Office after his court case that initiated this order. The public authority did … Continue reading Her Majestys Courts Service (Decision Notice): ICO 25 Mar 2009

Wakefield Metropolitan District Council (Decision Notice): ICO 14 Oct 2009

The complainant requested information held by Wakefield Metropolitan District Council (the council) in relation to the settlement of employment tribunal proceedings brought by six former council employees under the Public Interest Disclosure Act 1998 who were dismissed for whistle blowing. In particular, he asked for the total amount paid to the former employees. The council … Continue reading Wakefield Metropolitan District Council (Decision Notice): ICO 14 Oct 2009

Her Majestys Courts Service (Decision Notice): ICO 18 Dec 2008

The complainant requested information about a complaint he made against a member of staff. The public authority informed the complainant that this information was exempt under section 40(2) and section 31(g) [sic]. After examining the requested information the Commissioner has determined that the information was in fact exempt by virtue of section 40(1) as it … Continue reading Her Majestys Courts Service (Decision Notice): ICO 18 Dec 2008

De Montfort University (Decision Notice): ICO 26 Jun 2008

The complainant requested information relating to the salaries of senior staff at the public authority. The public authority made limited disclosures within the scope of this request but withheld certain information which would identify individuals’ salaries. It argued that disclosure would be unfair and in contravention of the first principle of the Data Protection Act … Continue reading De Montfort University (Decision Notice): ICO 26 Jun 2008

British Airways Plc v Ryanair Limited: ChD 25 Oct 2000

The claimant alleged that disparaging adverts by the defendant infringed its trade marks and amounted to the tort of malicious falsehood. Held: There was no dispute that the mark had been used. The Act could not be used to prevent any use of another’s trade mark in comparitive advertising. In this case the advertisement, though … Continue reading British Airways Plc v Ryanair Limited: ChD 25 Oct 2000

Stunt v Associated Newspapers Ltd: CA 30 Jul 2018

The claimant appealed against a stay of part of his proceedings relating to the 1998 Act. He questioned whether section 32(4) provided a proper balance of his human rights. Held: The court being in disagreement, the issue was referred to the CJEU. Judges: Sir Terence Etherton MR, Lord Justice McFarlane and Lady Justice Sharp Citations: … Continue reading Stunt v Associated Newspapers Ltd: CA 30 Jul 2018

Wrexham County Borough Council (Decision Notice): ICO 30 Apr 2007

The complainant requested information from the public authority relating to the senior employees employed at the Authority. The complainant requested the names of those senior employees that had their principal private residence within the boundary of the council borough and the names of the senior officers that pay council tax in the borough. The public … Continue reading Wrexham County Borough Council (Decision Notice): ICO 30 Apr 2007

Ryedale District Council (Decision Notice): ICO 13 Jul 2009

The complainant requested copies of any correspondence between the council and the Local Government Ombudsman between January 2007 and June 2007. The Commissioner understands that this primarily relates to an investigation carried out by the Ombudsman into allegations of maladministration by the council. A report was published by the Ombudsman on 31 May 2007 as … Continue reading Ryedale District Council (Decision Notice): ICO 13 Jul 2009

Southampton University Hospitals NHS Trust (Decision Notice): ICO 2 Jul 2007

The complainant and his wife initially requested copies of two incident reports which had been completed by staff members of Southampton University Hospitals NHS Trust (the public authority) in 2001, in relation to alleged abusive and aggressive behaviour by the complainant and his wife. The public authority treated this request, and the subsequent request referred … Continue reading Southampton University Hospitals NHS Trust (Decision Notice): ICO 2 Jul 2007

Central and Eastern Cheshire Primary Care Trust (Decision Notice): ICO 13 Jun 2007

The complainant requested a list of the delegates who had attended an event organised by the Eastern Cheshire NHS Primary Care Trust (the ‘PCT’) as part of a programme of public consultation called the Future Health Care Project, together with their contact details and their ‘status information’. The PCT provided a list of the job … Continue reading Central and Eastern Cheshire Primary Care Trust (Decision Notice): ICO 13 Jun 2007

Driver and Vehicle Licensing Agency (Decision Notice): ICO 26 Jul 2007

The complainant supplied the Driver and Vehicle Licensing Authority (the ‘DVLA’) with a list of vehicle registration numbers, together with details of the vehicles models and colours, and asked it to confirm whether Welwyn Hatfield District Council had made ‘non-fee paying’ enquiries in order to obtain the details of the registered vehicle keepers of those … Continue reading Driver and Vehicle Licensing Agency (Decision Notice): ICO 26 Jul 2007

British Waterways Marinas Ltd (Decision Notice): ICO 9 Jul 2007

The complainant requested under the Freedom of Information Act 2000 (the ‘Act’) a copy of an objection that had been made to him operating a sailing school from a marina owned and operated by the public authority. The public authority refused to disclose this information, stating that this was due to ‘commercial confidentiality’. At the … Continue reading British Waterways Marinas Ltd (Decision Notice): ICO 9 Jul 2007

Shepherd v The Information Commissioner: CACD 18 Jan 2019

The defendant had been part of an organisation subject to an investigation of child sex abuse. He was cleared of involvement, but had disseminated the confidential reports containing sensitive personal data to support his contention that the process was being misused. He appealed from his conviction under the 1998 Act, saying that the burden of … Continue reading Shepherd v The Information Commissioner: CACD 18 Jan 2019

Calderdale College (Education (College)): ICO 27 Jul 2016

The complainant has made a number of requests for information relating to a dispute between a training service provider and Calderdale College (the College) which culminated in legal proceedings. The College has provided some information but refused to disclose the remainder. The Commissioner has found that a considerable part of the requested information is the … Continue reading Calderdale College (Education (College)): ICO 27 Jul 2016

T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others: CA 29 Jan 2013

Three claimants appealed against refusal of declarations that the response of the police to requests for Criminal Records Bureau enhanced checks, were a disproportionate interference in their right to private and family life, and in particular that the disclosure of old convictions infringed their human rights. Held: The appeals succeeded. The statutory system which required … Continue reading T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others: CA 29 Jan 2013

Gallagher for Judicial Review (NI): SC 30 Jan 2019

Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019

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

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

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

Cardiff Council (Decision Notice): ICO 30 Apr 2009

ICO The complainant made a request for a petition supporting a proposed footpath submitted to Cardiff County Council (‘the Council’) by a local Councillor. This was refused under section 40 of the Act on the grounds that the information requested constituted personal data of which the applicant was not the subject, and that disclosure of … Continue reading Cardiff Council (Decision Notice): ICO 30 Apr 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

American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

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

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

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

ZXC v Bloomberg Lp: QBD 23 Feb 2017

Investigation of claimant was properly disclosed The claimant requested the removal of material naming him from the defendant’s website. Criminal investigations into a company with which he was associated were begun, but then concluded. In the interim, the article was published. The hearing had been in private and the claimant anonymised. Held: The weight to … Continue reading ZXC v Bloomberg Lp: QBD 23 Feb 2017

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001

Misfeasance in Public Office – Recklessness The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI. Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also where he acted with knowledge of, or … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001

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

Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

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

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

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

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

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

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

YS v Minister voor Immigratie, Integratie en Asiel: ECJ 17 Jul 2014

ECJ Request for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 2, 12 and 13 – Concept of ‘personal data’ – Scope of the right of access of a data subject – Data relating to the applicant for a residence permit and legal … Continue reading YS v Minister voor Immigratie, Integratie en Asiel: ECJ 17 Jul 2014

law index

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