Category: Freedom of Information

Privacy issues: Smart Metering, Violent Warning Markers and Undertakings

Happy New Year. Isn’t it horrid to be back at work? Normally the end of year holiday is very quiet – not so this year, so I have taken the opportunity to report on three issues that could have been easily missed since my last blog. The commentary deals with Smart Meters, Violent Warning Markers and Undertakings. Full references at end as usual. Smart Metering With the UK’s Government blessing, most public utilities are moving to “smart metering”.  For instance,

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As GCHQ keeps tabs on FOI requestors, what does “national security” mean?

Following an FOI request instigated by yours truly, it has emerged that GCHQ are keeping tabs on FOI requestors. Even those requestors who have asked public authorities for a copy of GCHQ’s widely distributed, declassified, IT security documentation. The circumstances of my request illustrates why the FOIA exemption (Section 23) pertaining “national security” is ridiculously wide, and raises questions as to what “national security” now means. The information that was the object of my desires is sexily entitled: “HMG IA

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Some FOI requests for personal data are not purpose blind

After imbibing some Bavarian Lager and a number of Decision Notices (including some Scottish ones), I have come to the conclusion that FOI requests of the kind “Please provide, in electronic form, the email addresses of all members of staff” can be resisted until a public authority is certain that the balance of interest lies with disclosure. This blog explains why I think this is the case, so please argue with me if you think I am wrong. I started

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Information Commissioner has to justify why statistical data are personal data

Sadly, there is more data protection case-law arising from the conflict over requests for personal data made under freedom of information (FOI) legislation, than there is when there is a data protection conflict. This state of affairs is the result of the fact the Commissioner has to publish a Decision Notice in relation to a disputed FOI request, whereas there is no similar Notice provision associated with an assessment as to whether or not a data controller is complying with, for

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What is in the Lib-Con agreement to enhance data protection and privacy?

Whilst the UK press is focusing on the “love-in” between the Liberal Democrats and the Conservatives now in coalition government, it might be useful to put on record what the parties have agreed in their plan to “implement a full programme of measures to reverse the substantial erosion of civil liberties under the Labour Government and roll back state intrusion”. Equally important is to recognise what “did not make the cut” with respect to that agreement. Why is this important?

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A bizarre tale from the data protection/FOI interface

The complexity of interface between Data Protection (DP) and Freedom of Information (FOI) Acts never ceases to amaze; the Commissioner’s Decision Notice in relation to Lord Ashcroft has just added another bizarre twist. As is well known Lord Ashcroft is a large contributor to Conservative Party coffers and is at the centre of the dispute about political funding. In October 2007, for example, he was accused of funding local Conservative constituency organisations in key Labour marginals. Lord Ashcroft is also a

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A “quickie Decision Notice” is not a substitute for more resources.

As I said in my last blog before Xmas, the Information Commissioner is before the Justice Committee today at 4.45 pm; it might be “interesting viewing” (link from http://www.parliamentlive.tv/Main/Player.aspx?meetingId=5438). However, I want to make a quick point about the Commissioner’s favoured method of reducing the backlog of FOI decisions; the introduction of what I call a “quickie Decision Notice”. The Commissioner has gone on the record as saying that “too many decision notices are produced to a gold standard with

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Commissioner to be questioned by MPs over poor FOI performance

Are you interested in Parliamentary blood sports? This happens when a hapless witness is given the “once-over” by a Select Committee seeking answers to basic questions.  If the answer is “yes”, put Tuesday 5 January (4.45pm) down in your diary; the Information Commissioner is giving evidence before the Justice Committee on “the Operation of the Ministerial FOI veto (Cabinet Minutes) and FOI caseload”. Last Monday, my favourite digital channel featured a thirty minute adjournment debate at midnight. It was instigated

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Scottish Government to extend coverage of FOISA? Hold your breath!

With a General Election looming, the Scottish minority SNP Government has decided to put clear “Skye-Blue” water between its attitude to Freedom of Information and that of the Labour Party – the main opposition in Scotland. Scottish Minister for Parliamentary Business Bruce Crawford has confirmed the Scottish Government will consult in spring 2010 on whether to extend the Freedom of Information (Scotland) Act 2002 [FOISA] for the first time to cover a wider range of bodies who deliver public services in

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Prime Minister speaks: more FOI, more re-use and, by inference, less ID Card

There are three consequences arising from the Prime Minister’s speech today. The first is that more information is to be made public and the publication scheme might be the vehicle for this enhancement; the second is that the reuse of public information is to be expanded considerably and reuse is likely to be free (i.e. no licence fee); the third relates to the ID Card project (which might be in trouble). In relation to more access to information, the PM

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