Police chiefs end clampdown on whistleblowers to the media – The Guardian

‘Police chiefs have ended a clampdown on whistleblowers to the media with a new code of ethics that puts officers under a “positive obligation” to challenge failings by their colleagues and their bosses.’

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The Guardian, 15th July 2014

Source: www.guardian.co.uk

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High Court rules that identity of client is covered by privilege – Legal Futures

Posted July 11th, 2014 in anonymity, confidentiality, disclosure, internet, law firms, news, privilege by sally

‘The High Court has rejected a bid to force a law firm to disclose the identity of a former client who revealed confidential information in an anonymous blog.’

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Legal Futures, 11th July 2014

Source: www.legalfutures.co.uk

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Vanity cases? – New Law Journal

‘Employees & cosmetic surgery: Sarah Johnson reports.’

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11th June 2014

Source: www.newlawjournal.co.uk

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Public Engagement and Commercial Confidentiality – Oil and Water? – Hardwicke Chambers

‘CCGs may face pressure to disclose information about commissioning in at least four ways. From:

Their duties to involve the public in “planning of the commissioning arrangements by the group” (s14 Z2 National Health Service Act 2006).
Their duties to involve individual patients in “their care or treatment” (s14U National Health Service Act 2006).
Applications to provide information under the Freedom of Information Act 2000.
Applications for disclosure, as part of litigation brought by failed tenderers following procurement exercises.’

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Hardwicke Chambers, 10th April 2014

Source: www.hardwicke.co.uk

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Documents remained privileged when they were sent on to third party’s work email address, High Court rules – OUT-LAW.com

‘Highly confidential documents that were subject to legal professional privilege (LPP) did not lose this status when they were emailed by a party to his girlfriend, who then forwarded them to and accessed them through her work email account, the High Court has ruled.’

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OUT-LAW.com, 28th April 2014

Source: www.out-law.com

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Prince Charles’s letters: recipients’ identities must stay secret, say lawyers – The Guardian

Posted February 27th, 2014 in appeals, confidentiality, disclosure, freedom of information, news, royal family, veto by sally

‘The identities of the ministers who received confidential letters from Prince Charles promoting his personal views must remain concealed, government lawyers argued on Wednesday.’

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The Guardian, 26th February 2014

Source: www.guardian.co.uk

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ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily

Posted January 29th, 2014 in appeals, confidentiality, disclosure, EC law, freedom of movement, immigration, news by sally

ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26

‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

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Company barred from giving evidence in court due to “substantial delay” in providing witness statements – OUT-LAW.com

‘Civil court litigants must comply with court orders or “face the consequences”, an expert has said, after the High Court barred a company from giving evidence about a particular issue at trial after it failed to exchange witness statements within a reasonable time.’

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OUT-LAW.com, 28th January 2014

Source: www.out-law.com

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Force India and Damages for Misuse of Confidential information – Sports Law Bulletin from Blackstone Chambers

Posted January 21st, 2014 in confidentiality, contracts, damages, news, sport by sally

‘In the world of Formula 1 (“F1”), millions of pounds can be won or lost over the matter of a few seconds. Mega-rich companies compete to create faster cars, carefully guarding any information that might shave a few moments off a model’s time. The aerodynamism of a F1 model is crucial to this time performance, and it transpires, also useful for generating questions on the misuse of confidential information.’

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Sports Law Bulletin from Blackstone Chambers, 21st January 2014

Source: www.sportslawbulletin.org

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Personal data and fitness to practice investigations – Tribunal overturns ‘neither confirm nor deny’ position – Panopticon

‘When an identifiable individual has been the subject of a formal complaint about their competence or conduct, that fact constitutes their personal data. In terms of privacy/publicity decisions, such situations are often approached in this way: where the complaint is well founded or at least merits serious consideration, publication is warranted, but otherwise confidentiality is maintained, lest unjustified aspersions be cast against that person.’

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Panopticon, 17th January 2014

Source: www.panopticonblog.com

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Trains, pains and allegations: fairness in medical misconduct cases – UK Human Rights Blog

‘This appeal by Dr Chhabra was concerned with the roles of the case investigator and the case manager when handling concerns about a doctor’s performance under the disciplinary procedures introduced over eight years ago for doctors and dentists in the National Health Service. The national policy framework is known as ‘Maintaining High Professional Standards in the Modern NHS’ (MHPS), which the Trust had implemented through its own policies.’

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UK Human Rights Blog, 19th January 2014

Source: www.ukhumanrightsblog.com

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Council wins tribunal appeal over disclosure of legal advice and EIR – Local Government Lawyer

‘A local authority has won an appeal in the First-Tier Tribunal over an Information Commissioner decision that it should disclose legal advice related to the redevelopment of a town centre.’

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Local Government Lawyer, 15th January 2014

Source: www.localgovernmentlawyer.co.uk

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West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) – Supreme Court

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) [2013] UKSC 80 | UKSC 2013/0046 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

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Confidentiality of medical information after patient’s death: two new Upper Tribunal decisions – Panopticon

Posted November 15th, 2013 in appeals, confidentiality, freedom of information, medical records, news, tribunals by tracey

“The absolute exemption at section 41 extends to information obtained by the public authority the disclosure of which would give to an actionable breach of confidence. Does the obligation of confidence survive the death of the confider? If so, would a breach of that obligation be actionable, even if it is not clear exactly who could bring such an action? These issues arise most notably in the context of medical records. The Upper Tribunal has had something to say on this in two recent decisions.”

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Panopticon, 14th November 2013

Source: www.panopticonblog.com

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Two new Upper Tribunal decisions: commercial confidentiality, ministerial communications – Panopticon

Posted October 28th, 2013 in confidentiality, disclosure, news, public interest, tribunals by sally

“The Upper Tribunal has issued two decisions on information rights matters this week. Both are by Upper Tribunal Judge David Williams, and both include substantive treatments of some of the issues that arise most commonly in information rights litigation.”

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Panopticon, 25th October 2013

Source: www.panopticonblog.com

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Cats, bags, rings and rooms: the problem of confidentiality – Competition Bulletin from Blackstone Chambers

Posted October 11th, 2013 in competition, confidentiality, news, tribunals by sally

“Dealing with confidential information in competition cases can be tricky. The CAT’s recent judgment in BMI Healthcare and others v Competition Commission [2013] CAT 241 provides some help.”

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Competition Bulletin from Blackstone Chambers, 11th October 2013

Source: www.competitionbulletin.com

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Watchdog warning over ‘unnecessary’ gagging clauses – BBC News

“The use of ‘gagging clauses’ risks stopping employees from speaking out about failures in the public sector, the National Audit Office has warned.”

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BBC News, 8th October 2013

Source: www.bbc.co.uk

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NSA and GCHQ unlock privacy and security on the internet – The Guardian

“US and British intelligence agencies have successfully cracked much of the online encryption relied upon by hundreds of millions of people to protect the privacy of their personal data, online transactions and emails, according to top-secret documents revealed by former contractor Edward Snowden.”

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The Guardian, 6th September 2013

Source: www.guardian.co.uk

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David Miranda detention: Lawyers seek judicial review – BBC News

“Lawyers representing a Brazilian man detained at Heathrow airport have begun judicial review proceedings against the Home Office and the police.”

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BBC News, 22nd August 2013

Source: www.bbc.co.uk

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Construction industry disputes – Panopticon

“The balance of public interest was ‘very strongly’ in favour of maintaining the confidentiality of documents in order to “protect the course of justice” both in Jackson v Info Commissioner, EA 2012/0263, FTT Decision on 19 July 2013, and in ‘many other such disputes’ said Judge Hughes. The value of the disclosure of the material was limited. The adverse impact of disclosure on dispute resolution was substantial. Judge Hughes concluded: ‘If there were to be change in the arrangements underpinning construction dispute resolution then this should be explored through a careful process of public debate and consultation leading to an amendment of the statutory framework.’”

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Panopticon, 26th July 2013

Source: www.panopticonblog.com

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