Category: Freedom of Information

Data Protection Act fails to implement 50% of the Directive?

Some readers may know that in 2004, I made a FOI request to the European Commission to obtain details of possible infraction proceedings brought against the UK Government by the Commission. The Commission claimed that legal proceedings might be needed as the Data Protection Act did not properly implement the parent Data Protection Directive (95/46/EC). The reason for my renewed interest in this subject is the Court of Appeal’s linkage between the “purpose of the processing" as used in three data

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Can publishing personal data on the Internet be unfair?

I wonder whether a Tribunal Decision confirming the Commissioner’s views in an obscure FOI Decision Notice indicates how data protection law could impact on the wider Internet? Of course, reliance on such an extrapolation has its dangers – but, the logic the Tribunal applied to this FOI request seems to apply to posting personal details on the Internet. The FOI case involved access to Court records after a trial. An applicant (who was a relative of an individual prosecuted for

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Information Commissioner contemplates unpopularity

At yesterday’s Update session in Manchester, Stephen McCartney, Head of Data Protection Promotion, at the Commissioner’s office outlined several changes to the structure of the ICO’s office and in the ICO’s modus operandi. First the Office of the Information Commissioner is being reorganised and the division between Data Protection and Freedom of Information is being removed. Instead, staff at the ICO will be expected to deal with both subjects. The new focus will be on “information rights” rather than DP or

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Special Branch would have protected Elvis

Since it is a Friday, I raise a curiosity that relates to a FOI request to all information on John Lennon held by Special Branch. Naturally being Special Branch, the applicant no doubt received all that extra special loving care and attention we expect of such public authorities. The Branch told him that he could not get the requested details because of the application of exemptions relating to sections 23(5) (information supplied by or relating to national security bodies), S.24(2)

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Information Commissioner’s staff are mystery shoppers

Isn’t coming back to work after a two week holiday a drag? One of the things I should have blogged about before the summer break was the discussion at launch of the Information Commissioner’s Annual Report about “mystery FOI shoppers”.  You should realise that ICO staff are already mystery FOI shoppers but in my view, it is only a matter of time before such activity extends to data protection. The Commissioner stated at the Annual Report launch that in the

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The Freedom of Information equivalent of “not tonight Josephine?”

In October 2007, in a speech on liberty at the University of Westminster, the Prime Minister announced that more “Freedom of Information is the right course because government belongs to the people, not the politicians” adding that “there is more we can do to change the culture and the workings of government to make it more open”. He continued: “Public information does not belong to Government; it belongs to the public on whose behalf government is conducted. Wherever possible that

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MPs expenses: understanding an amendment to FOI law

The “Freedom of Information (Parliament and National Assembly for Wales) Order 2008 No. 1967” lies at the heart of the MPs’ expenses row. Watching the saga unfold (as many did with “shock and awe”), I thought I could not be the only person on the planet who wondered why the redaction was so heavy, even to the extent of blacking out details that hitherto had been made available under FOIA. A little research revealed that the above Statutory Instrument provides

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