Tag: Information

Charity Commission (Local Government): ICO 15 Jun 2018

The complainant made a freedom of information request to the Charity Commission for correspondence and communications regarding a particular charity. The Charity Commission initially refused the request under the section 31 (law enforcement exemption) but during the course of the Commissioner’s investigation changed its position and applied section 12 (cost exceeds the appropriate limit) instead. Commissioner’s decision is that cost of complying with the request would exceed the appropriate limit and that therefore section 12 was correctly applied. The Commissioner requires no steps to be taken.
FOI 12: Complaint not upheld

Citations:

[2018] UKICO fs50708094

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 26 April 2022; Ref: scu.621215

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:

[2018] EWCA Civ 1780

Links:

Bailii

Statutes:

Data Protection Act 1998, Charter of Fundamental Rights of the European Union, European Convention on Human Rights

Jurisdiction:

England and Wales

Information, Human Rights, European

Updated: 25 April 2022; Ref: scu.620480

Rogesa v Commission: ECFI 11 Jul 2018

Judgment – Access to documents – Regulation (EC) No 1049/2001 – Greenhouse gas emission allowance trading scheme – Request for access to information on the determination of the 10% most efficient installations the steel industry – Refusal of access – Exception relating to the protection of the commercial interests of a third party – Higher public interest – Regulation (EC) No 1367/2006 – Concept of information relating to emissions in the environment – Respect of deadlines

Citations:

ECLI:EU:T:2018:423, T-643/13, [2018] EUECJ T-643/13

Links:

Bailii

Jurisdiction:

European

Environment, Information

Updated: 25 April 2022; Ref: scu.620042

Medway Council v Root: FD 15 Mar 2018

Applications for injunctions prohibiting the publication of information relating to two children who are now both over 18 years, concerning care proceedings in 2011 when they were made the subject of care orders.

Citations:

[2018] EWHC 1298 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Information, Media

Updated: 24 April 2022; Ref: scu.618395

Secretary of State for The Home Department and Another v TLU and Another: CA 15 Jun 2018

The SSHD appealed on liability from the award of damages after it published on its website statistical and anonymised data about return of asylum and other applicants to their countries of origin. Unfortunately, a link was provided within the data to the non-anonymised data. The claim was at common law for distress and under the 1998 Act.

Judges:

Gross, McFarlane, Coulson LJJ

Citations:

[2018] EWCA Civ 2217

Links:

Bailii

Statutes:

Data Protection Act 1998

Jurisdiction:

England and Wales

Information, Torts – Other

Updated: 24 April 2022; Ref: scu.618389

Warwickshire County Council (Local Government): ICO 4 May 2018

The complainant has requested information held by Warwickshire County Council that relates to the admission process for grammar schools in its area. The council refused the request under the exemption covering vexatious requests-section 14(1). The Commissioner’s decision is that the council has correctly applied section 14(1). The Commissioner does not require the council to take any steps.
FOI 14: Complaint not upheld

Citations:

[2018] UKICO FS50700113

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617842

Warwickshire County Council (Local Government): ICO 21 May 2018

The complainant has requested information from Warwickshire County Council which the Commissioner has decided is the complainant’s personal data. The Commissioner’s decision is that Warwickshire County Council inappropriately applied section 30(2) and 40(2) of the FOIA to the information the complainant seeks.
FOI 40: Complaint upheld FOI 30: Complaint upheld

Citations:

[2018] UKICO FS50714626

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617844