Tag: Information

Department for Communities and Local Government (Central Government): ICO 11 Oct 2016

ICO The complainant has requested local authority data on homelessness for the financial years 2009-2010, 2010-2011 and 2011-2012. The Department for Communities and Local Government (DCLG) withheld the information under section 22 as it stated that there was an intention to publish it. The Commissioner’s decision is that DCLG has correctly applied section 22 to the requested information. This decision notice is currently under appeal to the Tribunal.
FOI 22: Not upheld

Citations:

[2016] UKICO FS50631570

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 28 January 2022; Ref: scu.572855

Cheshire West and Chester Council (Local Government (County Council)): ICO 25 Oct 2016

ICO The complainant has made nine requests for information to Cheshire West and Chester Council (the council) relating to Mill View Primary School as part of a dispute which has been ongoing since July 2014. The council has refused these requests under regulation 12(4)(b) as it considers them to be manifestly unreasonable. The Commissioner’s decision is that the council has correctly applied regulation 12(4)(b) to the requests.
EIR 12(4)(b): Not upheld

[2016] UKICO FER0631144
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572845

Charity Commission (Local Government (Other)): ICO 5 Oct 2016

The complainant has requested information about correspondence and meetings concerning particular individuals. The Charity Commission has released some information and told the complainant that it holds no further information within the scope of his request. The Commissioner’s decision is that, on the balance of probabilities, the Charity Commission holds no further relevant information and has met its obligations under section 1(1) of the FOIA. The Commissioner does not require the Charity Commission to take any steps.
FOI 1: Not upheld

[2016] UKICO FS50625280
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572843

Cabinet Office (Central Government) FS50630649: ICO 17 Oct 2016

ICO The complainant submitted a request to the public authority for documents and correspondence relating to the award of honours to the late British artist David Bowie by Her Majesty The Queen. The public authority disclosed most of the information in scope at the time of the request and withheld a small amount of information on the basis of the exemptions at sections 37(1)(b) (the conferring by the Crown of any honour or dignity), 40(2) (personal data) and 41(1) (information provided in confidence) FOIA. The Commissioner’s decision is that the public authority was entitled to rely on the exemption at section 37(1)(b) to withhold all of the remaining information that has not been disclosed to the complainant. No steps are required.
FOI 37: Not upheld

[2016] UKICO FS50630649
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572839

Cabinet Office (Central Government) FS50625371: ICO 13 Oct 2016

ICO The complainant submitted a request to the public authority for copies of correspondence between the Prime Minister’s office and senior figures in the Church of England regarding changes to the process of making ecclesiastical appointments. The Commissioner’s decision is that the public authority was entitled to withhold the information held within the scope of the request on the basis of the exemption at section 35(1)(a) FOIA. This decision notice is currently under appeal to the Tribunal.
FOI 35(1)(a): Not upheld

[2016] UKICO FS50625371
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572837

Cabinet Office (Central Government) FS50631621: ICO 17 Oct 2016

ICO The complainant submitted a request to the public authority for documents and correspondence relating to the award of honours to British artists Ronnie Barker, Ronnie Corbett and actress Anna Massey, by Her Majesty The Queen. The public authority withheld the information in scope on the basis of the exemptions at sections 37(1)(b) (the conferring by the Crown of any honour or dignity), 40(2) (personal data) and 41(1) (information provided in confidence) FOIA. The Commissioner’s decision is that the public authority was entitled to rely on the exemption at section 37(1)(b) to withhold all of the information in scope. No steps are required.
FOI 37: Not upheld

[2016] UKICO FS50631621
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572840

Cheshire West and Chester Council (Local Government (County Council)): ICO 20 Oct 2016

ICO The complainant has requested recorded information from Cheshire West and Chester Council. The requested information concerns an application to build houses on land off School Bank, Norley, Cheshire, under planning reference 14/00629/OUT. The Council has refused to disclose some of the recorded information it holds in reliance on Regulations 12(4)(e) – internal communications, 12(5)(b) – prejudice to the course of justice and 12(4)(d) – where the information is in the course of completion. The withheld information is not routinely published by the Council on its planning portal. The Commissioner’s decision is that the Council has correctly applied Regulations 12(4)(e), 12(5)(b) and 12(4)(d) to the information it has not published on its planning portal. The Council is therefore entitled to withhold that information.
EIR 12(4)(d): Not upheld EIR 12(4)(e): Not upheld EIR 12(5)(b): Not upheld

[2016] UKICO FER0611803
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572844

Cabinet Office (Central Government) FS50584503: ICO 13 Oct 2016

ICO The complainant submitted a request to the Cabinet Office for files from the Prime Minister’s Office in relation to the UK Government’s relations with Libya. The Cabinet Office refused the request under section 14(1) of the FOIA on the basis that the request was vexatious. The Commissioner’s decision is that the request is vexatious and the Cabinet Office was entitled to refuse it under section 14(1). No steps are required. This decision notice is currently under appeal to the Tribunal.
FOI 14(1): Not upheld

[2016] UKICO FS50584503
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572835

Birmingham City Council (Local Government (City Council)) FS50621082: ICO 11 Oct 2016

ICO A previous decision notice was issued that found Birmingham City Council (the council) would hold times recorded on CCTV footage with regards to part of the complainant’s request. The decision notice ordered the council to provide these times to the complainant, which the council subsequently did. The complainant was not satisfied with the times provided. The Commissioner’s decision is that the council had provided the times. The Commissioner does not require the council to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 1: Not upheld

[2016] UKICO FS50621082
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572830

BBC (Other): ICO 3 Oct 2016

ICO The complainant has requested information about the Government’s decision to cease funding the provision of free television licences to persons over 75 years of age. The Commissioner’s decision is that the BBC has breached section 10(1) of the FOIA because it has not provided a substantive response to this request within 20 working days of receiving it. The Commissioner requires the public authority to provide a response to the complainant’s request of 29 April 2016 in accordance with its obligations under the FOIA.
FOI 10: Upheld

[2016] UKICO FS50646351
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572827

BBC (Other): ICO 6 Oct 2016

ICO The complainant has requested information relating to travel and accommodation expenses of the Director of News and Current Affairs. The BBC responded to some parts of the request but said that parts 2-6 and 8 of the request were covered by the derogation and excluded from FOIA. The Commissioner’s decision is that parts 2-6 and 8 of the request is held by the BBC for the purposes of ‘journalism, art or literature’ and does not fall within the scope of FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

[2016] UKICO FS50631598
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572825

Birmingham City Council (Local Government (City Council)) FS50616313: ICO 11 Oct 2016

ICO The complainant has requested images of a third party caught on CCTV. Due to the way the request was made, Birmingham City Council (the council) initially thought he was requesting his own personal data. But following clarification that he was after the images of a third party not his own the council advised it could not legally justify releasing the images to him. The complainant complained to the Commissioner about this request being refused. During the Commissioner’s investigations, the council clarified that this request was being refused under section 40(2) of the FOIA – third party personal data. The Commissioner’s decision is that the council is able to rely on section 40(2) of the FOIA to refuse this request. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld

[2016] UKICO FS50616313
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572828

BBC (Other): ICO 17 Oct 2016

ICO The complainant requested the cost of tickets and entries to the BAFTA television awards. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds the BBC’s position and requires no remedial steps to be taken in this case.
FOI 1: Not upheld

[2016] UKICO FS50641868
Bailii
England and Wales

Information

Updated: 27 January 2022; Ref: scu.572826

Bayer Cropscience and Stichting De Bijenstichting: ECJ 23 Nov 2016

ECJ (Judgment) Preliminary reference – Environment – Aarhus Convention – Directive 2003/4 / EC – Article 4, Paragraph 2 – Public access to information – Meaning of’ information on emissions into the environment ‘- Directive 91 / 414 / EEC – Directive 98/8 / EC – Regulation (EC) No 1107/2009 – Placing on the market of plant protection and biocidal products – Privacy – Protection of industrial and commercial interests ‘

ECLI:EU:C:2016:890, [2016] EUECJ C-442/14
Bailii
European

Information

Updated: 26 January 2022; Ref: scu.571866

Mosley v News Group Newspapers Ltd: QBD 9 Apr 2008

The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website.
Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised.

Eady J
[2008] EWHC 687 (QB)
Bailii
European Convention on Human Rights 8
England and Wales
Cited by:
See Also – Mosley v News Group Newspapers Ltd Admn 1-Jul-2008
The claimant the son of a former fascist leader, sought damages for breach of confidence and a right to a private life after the defendant newspaper published stories alleging that his involvement with prostitutes had included nazi rituals. The . .
See Also – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
See Also – Mosley v The United Kingdom ECHR 22-Oct-2009
. .
See Also – Mosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
Cited – PJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .

Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Information

Updated: 26 January 2022; Ref: scu.266533

Hussain, Regina (on The Application of) v The Secretary of State for Justice: CA 15 Nov 2016

The claimant appealed against case management decision made in his claim relating to his treatment in prison. In pursuing his case for reclassification, he had requested his personal data from the prison but was dissatisfied with the responses.

Gross, Sales, Simon LJJ
[2016] EWCA Civ 1111, [2016] WLR(D) 605,
Bailii, WLRD
England and Wales

Prisons, Litigation Practice, Information

Updated: 25 January 2022; Ref: scu.571422

Tandon (Prosecutions, Finance Insurance and Credit): ICO 2 Nov 2016

ICO Mr Tandon has been prosecuted at Manchester Magistrates’ Court for offences of unlawfully obtaining and selling personal data. The defendant, who worked at Lex Autolease Limited emailed personal data of 551 Lex Autolease customers, relating to road traffic accidents, from his former employer’s computer system to his personal email address, which he then sold on to a third party as personal injury leads. Mr Tandon pleaded guilty to two offences under section 55 of the Data Protection Act 1998, and was fined andpound;500, ordered to pay prosecution costs andpound;364 and a andpound;25 victim surcharge.

[2016] UKICO 2016-48
Bailii
England and Wales

Information

Updated: 25 January 2022; Ref: scu.571111

Silver City Tech Limited: ICO 4 Oct 2016

ICO Enforcement notices
Two companies responsible for millions of spam texts offering easy access to loans have been fined by the Information Commissioner’s Office (ICO).
Separate ICO investigations into Dorset-based Silver City Tech Ltd and Oracle Insurance Brokers Ltd, in London, found the firms had broken the law because they did not have the consent of the people the text messages were sent to.

[2016] UKICO 2016-55
Bailii
England and Wales

Information

Updated: 25 January 2022; Ref: scu.571106