disclosure – Page 66 – Current Awareness

Retention and disclosure of police caution data infringe Article 8 – Panopticon

Posted November 15th, 2012 in cautions, criminal records, data protection, disclosure, human rights, news, Northern Ireland, vetting by sally

“The European Court of Human Rights yesterday handed down a Chamber judgment in M.M. v United Kingdom (Application no. 24029/07) declaring that the arrangements for the indefinite retention of data relating to a person’s caution in a criminal matter and for the disclosure of such data in criminal record checks infringe Article 8 of the ECHR. Although the Court recognised that there might be a need for a comprehensive record of data relating to criminal matters, the indiscriminate and open-ended collection of criminal record data was unlikely to comply with Article 8 in the absence of clear and detailed statutory regulations clarifying the safeguards applicable and governing the use and disposal of such data, particularly bearing in mind the amount and sensitivity of the data.”

Panopticon, 14th November 2012

Source: www.panopticonblog.com

European court ruling could see minor criminal records withheld from employers – Daily Telegraph

Posted November 14th, 2012 in criminal records, disclosure, employment, human rights, news, vetting by sally

“People with minor criminal records may not have them disclosed to potential employers in future after the European Court of Human Rights condemned the lack of scope for discretion in Britain’s current vetting system.”

Daily Telegraph, 13th November 2012

Source: www.telegraph.co.uk

JSC BTA Bank v Ablyazov – WLR Daily

Posted November 9th, 2012 in committals, contempt of court, disclosure, human rights, jurisdiction, law reports by tracey

JSC BTA Bank v Ablyazov: [2012] EWCA Civ 1411; [2012] WLR (D) 308

“The court had jurisdiction to make an order barring a defendant, who had absconded following his committal for contempt, from defending the claims against him unless within a stated period he both surrendered to custody and made proper disclosure of all his assets and dealings with them.”

WLR Daily, 6th November 2012

Source: www.iclr.co.uk

Update on recent Tribunal decisions part 2: personal data of “low inherent sensitivity” – Panopticon

Posted November 9th, 2012 in data protection, disclosure, freedom of information, news, tribunals by tracey

“The ‘personal data’ provisions under s. 40(2) FOIA and regulation 13 EIR can often be very difficult to apply, particularly in light of the Durant ‘notions of assistance’, namely biographical significance and focus. It is correspondingly difficult to predict how such arguments will fare before the Tribunal. Two recent cases offer good illustrations. Both saw the Tribunal order disclosure of property-related personal data which was deemed to be of ‘low inherent sensitivity.’ ”

Panopticon, 8th November 2012

Source: www.panopticonblog.com

Content of emails should generally not be considered as property, rules High Court – OUT-LAW.com

Posted November 9th, 2012 in confidentiality, disclosure, electronic mail, intellectual property, news by tracey

“Businesses do not have a general claim of ownership over the content in staff emails, a High Court judge has said.”

OUT-LAW.com, 8th November 2012

Source: www.out-law.com

Update on recent Tribunal decisions part 1: the evolving approach to vexatiousness and manifest unreasonableness – Panopticon

Posted November 5th, 2012 in disclosure, freedom of information, investigatory powers, news, reasons by sally

“In recent months, the major information law issues have involved the government’s vetoing disclosure of the Prince Charles ‘black spider’ letters, its response to the draft new EU Data Protection Regulation, a number of Article 8 decisions concerning police and criminal records and changes to RIPA. On this last point, note that as of last Thursday, local authorities require a magistrate’s approval for authorising directed surveillance.”

Panopticon, 4th November 2012

Source: www.panopticonblog.com

Petrodel v Prest: hiding assets behind the corporate veil? – Halsbury’s Law Exchange

Posted November 2nd, 2012 in appeals, company law, disclosure, financial provision, matrimonial home, news by sally

For a long time family lawyers and the family courts have made the best of the creaking mechanism for financial provision that is the Matrimonial Causes Act 1973 (MCA 1973) (much amended…). Procedural changes are made but in terms of the interpretation of the MCA 1973 itself, case law is king. The family courts “make do and mend” so that the nearly 40-year-old primary legislation is fit for purpose. But the Court of Appeal last week decided that that the company law case of Salomon v A Salomon and Company, Limited [1897] AC 22 applies as much in the disposition of ancillary relief proceedings as in other proceedings.

Halsbury’s Law Exchange, 1st November 2012

Source: www.halsburyslawexchange.co.uk

New rules require the disclosure of stamp duty land tax schemes relating to properties of any value – OUT-LAW.com

Posted November 2nd, 2012 in disclosure, news, regulations, stamp duty, tax avoidance by sally

“Stamp duty land tax (SDLT) schemes relating to residential or non-residential property of any value must be disclosed to HM Revenue & Customs (HMRC) from 1 November under the Disclosure of Tax Avoidance Schemes (DOTAS) rules, as new regulations come into force.”

OUT-LAW.com, 2nd November 2012

Source: www.out-law.com

Family Division 1 – Chancery Division 2: A consideration of Petrodel v Prest – Family Law Week

Posted November 1st, 2012 in appeals, company law, disclosure, financial provision, matrimonial home, news by sally

“Alison Burge, barrister, of Pump Court Chambers analyses the Court of Appeal’s decision in the watershed case of Petrodel v Prest.”

Family Law Week, 31st October 2012

Source: www.familylawweek.com

Working with the elderly and infirm: a delicate balance of rights – UK Human Rights Blog

Posted October 31st, 2012 in abuse of position of trust, assault, criminal records, disclosure, elderly, human rights, news, nurses by sally

“Close on the heels of last week’s decision regarding disclosure of information from the Child Sex Offenders Register comes this ruling on the police decision to disclose certain information from a nurse’s enhanced criminal records certificates without affording her an opportunity to make representations before the information was released.”

UK Human Rights Blog, 30th October 2012

Source: www.ukhumanrightsblog.com

High Court calls for joined-up thinking on disclosure of sex offender information – UK Human Rights Blog

Posted October 30th, 2012 in appeals, criminal records, disclosure, news, sexual offences by sally

“The High Court has made an important ruling about the disclosure of information under the Child Sex Offender Disclosure Scheme (CSOD).”

UK Human Rights Blog, 29th October 2012

Source: www.ukhumanrightsblog.com

Ken Clarke hits back over secret courts – The Guardian

Posted October 29th, 2012 in bills, closed material, disclosure, intelligence services, judiciary, ministers' powers and duties, news by sally

“Clarke insists that under the justice and security bill nothing currently heard in open court would be moved to closed court.”

The Guardian, 26th October 2012

Source: www.guardian.co.uk

Blow to Sarah’s Law as judges rule paedophiles’ human rights should be considered – Daily Telegraph

Posted October 25th, 2012 in criminal records, disclosure, human rights, judgments, news, sexual offences by sally

“A High Court ruling said paedophiles should be allowed to make representations before their details are revealed to members of the public.”

Daily Telegraph, 24th October 2012

Source: www.telegraph.co.uk

Disclosure of sex offender information – new high court judgment – Panopticon

Posted October 25th, 2012 in criminal records, disclosure, human rights, judgments, news, sexual offences by sally

“The High Court has today handed down an important judgment on the legality of the Government’s Child Sex Offender Disclosure Scheme (CSOD): X(South Yorkshire) v Secretary of State for the Home Department [2012] EWHC 2954 (Admin). CSOD is a non statutory scheme which police forces nationally have been free to adopt since 2010. It enables members of the public to ask the police to provide details of a person who has some form of contact with children with a view to ascertaining whether that person had convictions for sexual offences against children or whether there is other relevant information about him or her which ought to be made available.”

Panopticon, 24th October 2012

Source: www.panopticonblog.com

TNK-BP whistleblower wins case – The Guardian

Posted October 17th, 2012 in corruption, disclosure, injunctions, news, whistleblowers by tracey

“Oil firm loses attempt to extend gagging order preventing former logistics head disclosing documents alleging corruption.”

The Guardian, 16th October 2012

Source: www.guardian.co.uk

Azelle Rodney Inquiry lawyers can see surveillance film footage – UK Human Rights Blog

Posted October 17th, 2012 in disclosure, evidence, homicide, inquiries, news, police, public interest, public interest immunity, video recordings by tracey

“R (on the application of the Metropolitan Police Service) v the Chairman of the Inquiry into the Death of Azelle Rodney and Interested Parties [2012] EWHA 2783 (Admin).

The public inquiry into the death of Azelle Rodney, which commenced in 2010, was still under way when it was interrupted by the present dispute. It concerned the issue whether police surveillance footage taken from the air, showing Azelle Rodney’s movements in the two hours before his death, should be disclosed to the legal team representing his mother at the Inquiry.”

UK Human Rights Blog, 16th October 2012

Source: www.ukhumanrightsblog.com

US ‘influenced British government’s decision to introduce secret courts’ – The Guardian

Posted October 17th, 2012 in bills, closed material, disclosure, intelligence services, news, terrorism, torture by tracey

“The US government and its intelligence agencies were influential in the UK government decision to introduce a highly controversial new generation of secret courts, the independent reviewer of terrorism legislation has told MPs and peers.”

The Guardian, 16th October 2012

Source: www.guardian.co.uk

Attorney General vetoes release of Prince of Wales correspondence – Attorney General’s Office

Posted October 16th, 2012 in attorney general, disclosure, documents, freedom of information, royal family, speeches, veto by tracey

“The Attorney General today issued a certificate under the Freedom of Information Act, both as it applies for the purposes of the Act and as it applies to the Environmental Information Regulations 2004, vetoing the disclosure of correspondence between HRH the Prince of Wales and ministers in seven government departments.”

Attorney General’s Office, 16th October 2012

Source: www.attorneygeneral.gov.uk

New report heavily critical of secret justice plans ahead of controversial Bill – Amnesty International

Posted October 15th, 2012 in bills, closed material, disclosure, human rights, public interest, reports, trials by tracey

“The government’s plans for a substantial extension of the use of secret evidence in the justice system have been heavily criticised in a new Amnesty International report published today”

Amnesty International, 15th October 2012

Source: www.amnesty.org.uk

News International wins court ruling on searches related to phone hacking – The Guardian

Posted October 5th, 2012 in disclosure, electronic mail, interception, media, news by tracey

“Lawyers acting for more than 170 phone-hacking victims, including Cherie Blair and Hugh Grant, were dealt a blow on Friday after losing a high court application to force News International to do a general search of its databases for potential evidence of illegal voicemail interception.”

The Guardian, 5th October 2012

Surce: www.guardian.co.uk

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