Government loses ‘pollutant of publicity’ FOI case – BBC News

Posted November 16th, 2015 in freedom of information, government departments, news by tracey

‘The Cabinet Office has lost a tribunal case where it argued that publicly revealing how often a cabinet committee meets would harm the workings of government by introducing the “pollutant of publicity”.’

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BBC News, 16th November 2015

Source: www.bbc.co.uk

FOI and Article 10: life after Kennedy (and Kenedi) – Panopticon

Posted November 5th, 2015 in freedom of expression, freedom of information, human rights, news by sally

‘The right to freedom of expression under Article 10(1) of the European Convention on Human Rights includes “freedom… to receive and impart information and ideas without interference by public authority”. Does that mean that there is a human right to freedom of information?’

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Panopticon, 4th November 2015

Source: www.panopticonblog.com

Freedom of Information Act misused by media to create stories, says Grayling – The Guardian

Posted October 30th, 2015 in freedom of information, government departments, media, news by sally

‘A Conservative cabinet minister has signalled a crackdown on the “misuse” of freedom of information requests as a means of researching stories for journalists.

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The Guardian, 29th October 2015

Source: www.guardian.co.uk

Government accused of trying to water down Freedom of Information Act – The Guardian

Posted October 20th, 2015 in freedom of information, legislation, media, news by sally

‘The government has been accused of a “cynical and dangerous” attempt to water down important freedom of information legislation in a campaign uniting journalists and supporters of press freedom launched on Monday.’

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The Guardian, 19th October 2015

Source: www.guardian.co.uk

Stafford Hospital investigated over claims of a “cover-up” – Daily Telegraph

Posted October 9th, 2015 in children, freedom of information, hospitals, medical records, news by tracey

‘Police and health officials are investigating claims of an NHS “cover-up” over the death of a three-year old boy at Stafford Hospital.’

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Daily Telegraph, 9th October 2015

Source: www.telegraph.co.uk

Government refuses to publish legal basis for air strikes on Syria – The Independent

‘Two Government departments have refused to publish the legal advice that paved the way for Britain to launch a drone strike on Isis targets in Syria.’

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The Independent, 9th October 2015

Source: www.independent.co.uk

Charging Ahead under the EIR – Panopticon

‘It is difficult to imagine what could possibly have happened yesterday to cause the CJEU’s judgment in Case C-71/14 East Sussex County Council v Information Commissioner (judgment of 6 October 2015) to slip beneath the waves, but for those who spent the day reading, talking and thinking about Safe Harbo(u)rs (presumably something to do with shipping?) East Sussex represents a comforting return to normality, if not mundanity, where the CJEU is asked straightforward questions and it doesn’t quite answer them.’

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Panopticon, 7th October 2015

Source: www.panopticonblog.com

Is it Getting Chilly in Here? – Panopticon

Posted October 7th, 2015 in benefits, freedom of information, news, tribunals by sally

‘It has been an admirable trend of Tribunals in FOIA cases over the last few years that they have been increasingly sceptical of assertions on the part of public authorities that disclosure will provide chilling effects on their activities. An inevitable pattern forms of an insistence that the sky will fall in if information is released, information is released (or leaked), and the sky appears not to fall in. Government grinds on. But Judge Jacobs has provided a little more comfort for such arguments in DWP v Information Commissioner, Slater & Collins [2015] UKUT 535 (AAC). The case related to various risk register documents related to Universal Credit.’

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Panopticon, 7th October 2015

Source: www.panopticonblog.com

GP practices ‘offered rewards’ for not referring patients to hospitals – The Guardian

Posted October 2nd, 2015 in doctors, freedom of information, health, hospitals, inducements, news by tracey

‘GP practices are being offered thousands of pounds to cut the number of patients they refer to hospitals, according to an investigation.’

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The Guardian, 1st Ocotber 2015

Source: www.guardian.co.uk

Key ruling on charging for property search information out in early October – Local Government Lawyer

‘The Court of Justice of the European Union will in the next fortnight hand down a crucial ruling on local authorities’ ability to charge for access to property search information, it has been reported.’

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Local Government Lawyer, 23rd September 2015

Source: www.localgovernmentlawyer.co.uk

Newspapers join forces and tell David Cameron not to water down Freedom of Information law – The Independent

Posted September 23rd, 2015 in freedom of information, government departments, media, news by sally

‘The UK’s major national newspaper groups have joined forces and told the Government not to water down freedom of information transparency laws.’

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The Independent, 22nd September 2015

Source: www.independent.co.uk

New Freedom of Information review will shut down access, campaigners warn – Daily Telegraph

Posted September 22nd, 2015 in freedom of information, inquiries, legislation, news by sally

‘Over 140 organisations have written to the Prime Minister expressing ‘serious concern’ at his review of the Freedom of Information rules.’
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Daily Telegraph, 22nd September 2015

Source: www.telegraph.co.uk

Impact of FOIA on legal professional privilege – OUT-LAW.com

Posted September 15th, 2015 in documents, freedom of information, news, privilege by tracey

‘An intriguing summary has emerged on Lawtel (subscription required) of a decision of the Chancery Division (John Jarvis QC) in a case called Hallows v Wilson Barca LLP, which suggests that the duties imposed on public bodies by the Freedom of Information Act 2000 (FOIA) can be relevant to the common law doctrine of legal professional privilege.’

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OUT-LAW.com, 14th September 2015

Source: www.out-law.com

No need to scour internet when assessing whether personal data is sensitive, UK tribunal rules – OUT-LAW.com

‘Businesses are not expected to scour the internet and other sources to check whether there is any information that, when linked with personal data they hold, would mean the data they hold is in fact sensitive personal data, according to a new UK ruling.’

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OUT-LAW.com, 1st September 2015

Source: www.out-law.com

Operation Motorman: Latin, Leveson and Personal Data – Panopticon

‘In Information Commissioner v Colenso-Dunne [2015] UKUT 471 (AAC), the UT was considering an appeal by the ICO concerning an order of the FTT that it disclose names of journalists that the ICO had seized during a raid on the home of Steve Whittamore in 2003. The raid was known as Operation Motorman, and it is generally supposed that Mr Whittamore, a private investigator, had a list of journalist who used his morally and legally dubious services.’

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Panopticon, 28th August 2015

Source: www.panopticonblog.com

Pilot scheme forcing landlords to check tenants’ immigration status ‘has failed’ – The Guardian

Posted August 7th, 2015 in freedom of information, immigration, landlord & tenant, news, pilot schemes by tracey

‘A pilot scheme to force landlords to check the immigration status of prospective tenants has been a failure, the government’s own data suggests.’

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The Guardian, 6th August 2015

Source: www.guardian.co.uk

Circle the Wagons: They are Coming for the Information Tribunal – Panopticon

Posted July 28th, 2015 in consultations, fees, freedom of information, news, tribunals by sally

‘We all fell for it, didn’t we? If the greatest trick the Devil ever pulled was convincing the world he didn’t exist, then Michael Gove’s may have been to convince everyone that he wasn’t interested in FOIA. His shunting responsibility for FOIA/EIR matters off to the Cabinet Office, and the Cabinet Office’s announcement of the Commission on Freedom of Information (generally staffed by people who publicly don’t much like it), last week has led to a lot of comment and reaction – mostly adverse – from social media, blogs and even the mainstream press.’

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Panopticon, 24th July 2015

Source: www.panopticonblog.com

Law firm loses FoI bid to learn names of complainants – Legal Futures

‘A law firm which demanded the details of people who had contacted the Solicitors Regulation Authority (SRA) to allege misconduct has been firmly rebuffed by the Law Society’s freedom of information commissioner.’

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Legal Futures, 27th July 2015

Source: www.legalfutures.co.uk

Time to End the Time Debate – Panopticon

Posted July 27th, 2015 in freedom of information, news, public interest, rendition by sally

‘The apparently endless APPGER litigation has produced yet another decision of the Upper Tribunal for seasoned FOIA watchers, which amongst some very fact-specific issues, also contains two important clarifications of law: APPGER v ICO & FCO [2015] UKUT 377 (AAC).’

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Panopticon, 23rd July 2015

Source: www.panopticonblog.com

‘Cassie’s law’: 609 drivers lose licence after tougher police power on eye tests – The Guardian

Posted July 27th, 2015 in driving licences, freedom of information, news, police by sally

‘Hundreds of motorists have had their driving licence revoked after failing roadside eye tests under new police powers, figures have shown.’

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The Guardian, 26th July 2015

Source: www.guardian.co.uk