freedom of information – Current Awareness

Subject access requests: revised guidance from the ICO – Panopticon

Posted June 21st, 2017 in codes of practice, data protection, freedom of information, news by sally

‘As Panopticon devotees will know, the early months of 2017 brought a flurry of judgments about subject access requests – most importantly, in the Dawson-Damer and Ittihadieh/Deer cases. The principles from those judgments have now been incorporated into a revised ICO Code of Practice on subject access requests, published last week. The revised Code is important not only because it reflects up-to-date caselaw, but also because it tells us how the ICO expects to see subject access requests dealt with in practice.’

Panopticon, 20th June 2017

Source: panopticonblog.com

Diary of a Wimpy Minister – Panopticon

Posted May 25th, 2017 in appeals, disclosure, freedom of information, ministers' powers and duties, news, tribunals by tracey

‘A mere three years ago, the FTT held that the Ministerial Diary of Andrew Lansley was relevantly held under FOIA and was not exempt under section 35(1)(b). Now the Court of Appeal has held, in Department of Health v Information Commissioner & Lewis [2017] EWCA Civ 374, that the FTT made no error. The fact that no-one can now remember who Andrew Lansley was (now Lord Lansley CBE thank you) or why anyone would care, is by-the-by.’

Panopticon, 25th May 2017

Source: www.panopticonblog.com

Government fails to block release of Andrew Lansley diary portions – The Guardian

Posted May 25th, 2017 in appeals, disclosure, freedom of information, media, ministers' powers and duties, news, publishing by tracey

‘Court rules in favour of journalist Simon Lewis who made FoI request to see diary passages from period of health reforms.’

The Guardian, 24th May 2017

Source: www.guardian.co.uk

Specialised court encourages boom in IP cases – Law Society’s Gazette

Posted May 24th, 2017 in courts, freedom of information, intellectual property, news, small businesses, statistics by sally

‘Small and medium-sized enterprises are continuing to use the UK’s specialised intellectual property court despite having more options available for flexible trials, figures have shown.’

Law Society’s Gazette, 23rd May 2017

Source: www.lawgazette.co.uk

Freedom of Information Act document leaks could become criminal – The Guardian

Posted May 15th, 2017 in consultations, freedom of information, Law Commission, legislation, news, official secrets act, prosecutions, whistleblowers by sally

‘Whistleblowers and journalists could be imprisoned for revealing documents that can be obtained through freedom of information requests, campaigners have warned.’

The Guardian, 14th May 2017

Source: www.guardian.co.uk

Council wins right to redact more info from variation agreement to waste contract – Local Government Lawyer

Posted April 25th, 2017 in agreements, appeals, contracts, disclosure, freedom of information, local government, news, tribunals, waste by sally

‘A county council has won an appeal to the First-Tier Tribunal over a decision by the Information Commissioner’s Office that it was not entitled to redact certain information in a variation agreement to a waste disposal contract.’

Local Government Lawyer, 24th April 2017

Source: www.localgovernmentlawyer.co.uk

Thousands of domestic violence victims withdrawing from legal action after Government cuts, figures reveal – The Independent

Posted April 10th, 2017 in consultations, criminal justice, domestic violence, evidence, freedom of information, news, police, statistics, victims by sally

‘More than 160,000 victims of domestic violence in England withdrew their support for charges against their abusers in 2016, a number that rocketed by almost 40 per cent compared with the previous 12 months, exclusive figures reveal.’

The Independent, 9th April 2017

Source: www.independent.co.uk

Parking fine appeal success varies between council areas – BBC News

Posted April 5th, 2017 in appeals, fines, freedom of information, local government, news, parking, statistics by sally

‘The likelihood of successfully challenging parking fines varies widely depending on where drivers get a ticket, research has shown.’

BBC News, 5th April 2017

Source: www.bbc.co.uk

Dozens of crimes against MPs reported – BBC News

Posted March 20th, 2017 in freedom of information, malicious communications, news, parliament, police, threatening behaviour, women by tracey

‘A police team created to handle crimes against MPs has dealt with 53 complaints since the murder of Jo Cox.’

BBC News, 19th March 2017

Source: www.bbc.co.uk

Sexual harassment ‘at epidemic levels’ in UK universities – The Guardian

Posted March 6th, 2017 in freedom of information, harassment, news, sexual offences, statistics, universities by sally

‘Almost 300 claims against staff have been made in six years, but victims and lawyers say those are just tip of iceberg.’

The Guardian, 5th March 2017

Source: www.guardian.co.uk

Thousands spent on judges’ security amid growing hostility – The Guardian

Posted February 27th, 2017 in freedom of information, internet, judges, judiciary, Ministry of Justice, news, statistics, threatening behaviour by tracey

‘Ministry of Justice says security was upgraded at judges’ homes, with figures showing many in judiciary fear for safety.’

The Guardian, 27th February 2017

Source: www.guardian.co.uk

Why pass FOI laws? The politics of freedom of information – The Constitution Unit

Posted February 22nd, 2017 in foreign jurisdictions, freedom of information, legislation, news by sally

‘Why are there now more than 100 freedom of information laws around the world, even though they help opponents and hinder governments? In a new book, published this month by Manchester University Press, Ben Worthy investigates. He concludes that the main reason is that as a symbolic pledge in opposition FOI laws are hard to resist. Once in power these promises are hard to back down from, though experience suggests that proposed laws are often watered down before being enacted. These findings are summarised here.’

The Constitution Unit, 16th February 2017

Source: www.constitution-unit.com

Police pay out at least £22m to informants in five years – BBC News

Posted February 8th, 2017 in freedom of information, informers, news, police, remuneration, statistics by tracey

‘Police forces across the UK paid out at least £22m to informants over the last five years, according to figures obtained by BBC Radio 5 live.’

BBC News, 8th February 2017

Source: www.bbc.co.uk

‘Fake news’ inquiry opened by MPs – OUT-LAW.com

Posted January 31st, 2017 in advertising, freedom of information, inquiries, internet, media, news, select committees by sally

‘A UK parliamentary committee has opened an inquiry into so-called ‘fake news’.’

OUT-LAW.com, 31st January 2017

Source: www.out-law.com

FOI request suggests few criminal law ‘touting’ reports – Legal Futures

Posted January 31st, 2017 in complaints, freedom of information, law firms, news by sally

‘Eyebrows were raised yesterday after a freedom of information request on ‘touting’ by criminal defence law firms – in which agents for rival solicitors poach potential clients even if they have representation – suggested few complaints have been made to the regulator.’

Legal Futures, 31st January 2017

Source: www.legalfutures.co.uk

SRA ordered to disclose report into law firm investigation – Legal Futures

Posted January 5th, 2017 in disclosure, freedom of information, law firms, news, reports, Solicitors Regulation Authority by tracey

‘The Law Society’s freedom of information adjudicator has ordered the Solicitors Regulation Authority (SRA) to disclose an investigator’s report, saying the regulator had overlooked “the public interest in transparency as a good in itself”.’

Legal Futures, 5th January 2017

Source: www.legalfutures.co.uk

Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy – UK Constitutional Law Association

Posted December 19th, 2016 in charities, Charity Commission, disclosure, freedom of information, human rights, Iraq, news, Supreme Court, treaties by sally

‘The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view. Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations concerning George Galloway MP’s controversial Iraq charity, the Miriam Appeal. He applied for disclosure of documents under the Freedom of Information Act, arguing that a prohibition from disclosure under s 32 should be interpreted compatibly with Article 10, as required by s 3 of the HRA. However, the Supreme Court declined to follow the recent ECtHR case law, holding that Article 10 did not encompass a right of access to information, deprecating the parties’ failure to rely upon the common law right to information and disagreeing over the question of whether proportionality should replace Wednesbury unreasonableness: see my previous post on this here.’

UK Constitutional Law Association, 13th December 2016

Source: www.ukconstitutionallaw.org

FOI rules should apply regardless of who provides public services, says Denham – OUT-LAW.com

Posted December 13th, 2016 in freedom of information, news, speeches by sally

‘Businesses should be subject to freedom of information (FOI) laws in the UK where they carry out public services on behalf of public bodies, the information commissioner has said.’

OUT-LAW.com, 12th December 2016

Source: www.out-law.com

Denying access to information can breach freedom of expression rights, rules human rights court – OUT-LAW.com

Posted November 17th, 2016 in freedom of expression, freedom of information, human rights, news by sally

‘Public bodies that deny requests for information can in some cases be held in breach of individuals’ freedom of expression rights, the European Court of Human Rights has ruled.’

OUT-LAW.com, 17th November 2016

Source: www.out-law.com

Tribunal rejects FOI request over code of conduct complaints process – Local Government Lawyer

Posted November 16th, 2016 in appeals, codes of practice, complaints, freedom of information, local government, news, tribunals by sally

‘It is important that a council’s code of conduct complaints process remains confidential, the First-tier Tribunal has said in rejecting an appeal over the refusal of a freedom of information request.’

Local Government Lawyer, 16th November 2016

Source: www.localgovernmentlawyer.co.uk

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