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By Law Brief Publishing on 29/07/2010 19:55
Sugar v BBC & The Information Commissioner (No 2) [2010] EWCA Civ 715The BBC did not have to disclose a report on its reporting of events in the Middle East as at least one of the purposes for which that information was being held was a genuine journalistic purpose. It was incorrect to consider what was the ‘dominant purpose’ for which the information was held.
By Law Brief Publishing on 29/07/2010 19:54
The European Commission had been correct to withhold from a response to a request under the EC treaty’s Access to Documents provisions the names of five attendees at a meeting. Identifying them would have breached their rights to privacy under the Data Protection Regulation, and no legitimate justification for the transfer of such personal data had been provided.
By Euan A. Dow on 20/05/2010 14:35
The appellants are housing associations in Strathclyde who, in 2007, made a request for information from the Chief Constable of Strathclyde Police, a public authority within the meaning of the Freedom of Information (Scotland) Act 2002, about the numbers of registered sex offenders residing in the Strathclyde area. The purpose of seeking the information was to find out if there was a higher number of registered sex offenders in the districts in which the appellants' tenants resided than more aff ...
By Claire Adams on 02/02/2010 22:13
Supreme Court Press Summary The Information Commissioner ordered the disclosure of information held by Ofcom concerning the precise location of mobile phone masts. On appeal, the Information Tribunal found that the public interest in public security, and in the protection of intellectual property rights, were both engaged but that under each separate exception the public interest in disclosure outweighed the interest alleged by Ofcom. It dismissed the argument of Ofcom that under the Environm ...
By Law Brief Publishing on 06/08/2009 15:24
Details of disciplinary action against judges exempt from disclosure:-The Information Tribunal upheld the Commissioner’s decision to refuse an application by a Guardian journalist for an order that the Ministry of Justice release details of all disciplinary action taken against judges by the Lord Chancellor since 1998. Such information was exempt from disclosure under both section 40 (the information was personal data and disclosure would breach the first data protection principle) and section 3 ...
By Claire Adams on 11/02/2009 23:00
The BBC holds a report that it commissioned in respect of its coverage of the Middle East (“the Balen Report”). Mr Sugar asked the BBC to provide him with a copy of this report. He contended that the report was held by the BBC for purposes other than journalism, art or literature and that, in consequence, the BBC held it as a public authority and was bound by the Freedom of Information Act 2000 to communicate its contents to him. The BBC disagreed.  (“the journalism issue& ...
By Claire Adams on 09/07/2008 08:47
This appeal arises out of a request by Mr Collie to the Common Services Agency under the Freedom of Information (Scotland) Act 2002 to provide the details, by census wards, of all incidents of leukaemia for both sexes, in the age range 0-14, by year, from 1990 to 2003, for all of the Dumfries and Galloway postal area. The Agency confirmed that it held the data for the period up until 2001. But the Agency declined to supply the information since it took the view that, because of the small number ...
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