The complainant has requested information about the Kype Muir Wind Farms power cable connection. Scottish Power Energy Networks (SPEN) initially disputed that it is a public authority for the purposes of the EIR. It has now accepted this is the case but, at the date of this notice, SPEN has not provided a response to…
The complainant has requested information relating to the Leeds Teaching Hospitals Trust (the trust) proposals to implement a Wholly Owned Subsidiary Company (WOSC) and transfer certain services to it. The trust disclosed some information but refused to disclose other information citing sections 36(2)(b) and (c) and 43 of the FOIA. The Commissioner’s decision is that…
The complainant has requested information relating to University Hospitals of Morecambe Bay NHS Trust. The Commissioner’s decision is that NHS Improvement (NHSI) has correctly applied section 14(1) of the FOIA to this request. The Commissioner does not require the public authority to take any steps as a result of this decision notice. Powered by WPeMatico
In two requests, the complainant has requested the number of graduates achieving particular grades in three MSc courses, and ethnicity information about those graduates, across two years. Birkbeck, University of London (‘Birkbeck’) released relevant information having anonymised some of it under section 40(2) of the FOIA (personal data). The complainant said he has not received…
The complainants submitted a request to the London Borough of Barking and Dagenham (the Council) for copies of various electricity supplier bills for a particular property. The Council refused to disclosed the information on the basis of section 43(2) (commercial interests) of FOIA. The Commissioner has concluded that the requested information is exempt from disclosure…
The complainant has requested information from Highways England Company Ltd (“Highways England”) relating to the assessment scores of all bidders for Lots 1-11 of the Area 13 and 14 Construction Works Framework. Highways England refused to disclose part of this information citing section 43(2) (prejudice to commercial interests) as its reason for doing so. The…
The complainant requested information pertaining to measurements taken at a nearby property including the precise make and model of the tape measure that was used. The Commissioner’s decision is that Aylesbury Vale District Council has disclosed all the information it holds within the scope of the request and has therefore discharged its duty under section…
The complainant requested information about the appointment of a chief executive. The Commissioner’s decision is that Northamptonshire County Council has disclosed all the information which it holds and has therefore complied with its duty under section 1 of the FOIA. The Commissioner does not require any further steps to be taken. Powered by WPeMatico
The complainant has requested the Charity Commission for Northern Ireland (CCNI) to disclose any communication between the CCNI and the Northern Ireland Public Service Ombudsman (NIPSO) in relation to the publication or withholding of NIPSO’s investigation report on a named individual and the CCNI. Initially, CCNI refused to confirm or deny whether it held any…
The complainant has requested from Selly Park Girls’ School (‘the School’) a detailed list of maths topics that students in a particular year group will be taught. Having originally advised the complainant that it did not hold the requested information, the School’s revised position is that it holds relevant information but it is exempt from…
The complainant has requested information relating to a drainage scheme. The request was refused as Manifestly Unreasonable. The Commissioner’s decision is that Telford & Wrekin Council has failed to demonstrate that the exception is engaged and is thus not entitled to rely on Regulation 12(4)(b) of the EIR (Manifestly Unreasonable) to refuse the request. She…
The complainant has requested information about his company held by the Department for Transport (DfT), including emails between named individuals and any other information referencing him or his company. The DfT provided some information under the subject access provisions but withheld information covered by the FOIA under section 41, 42 and 43. During the Commissioner’s…
The complainant has requested the PHSO to disclose the name of each senior member of staff and their job title in the organisation. The PHSO disclosed the requested information for the majority, but refused to disclose the names of its in house clinical advisors citing section 40 of the FOIA. The Commissioner’s decision is that…
The complainant submitted a request to the University of Southampton (the University) seeking information relating to the ‘Mountbatten Archive’. The University has failed to respond to the request within 20 working days and has therefore breached section 10(1) of FOIA. The Commissioner requires the University to provide a response to the request. Powered by WPeMatico
The complainant has requested copies of contracts held with the commissioners of services from two specific years. The Commissioner’s decision is that the partners of Parbold Surgery do not hold further information beyond that which has already been provided. The Commissioner does not require the Surgery to take any further steps in respect of this…
The complainant has requested information about the law relating to the competence and compellability of the Sovereign to give evidence in court proceedings. The Crown Prosecution Service withheld the information, citing section 42(1) (Legal professional privilege) of the FOIA. The Commissioner’s decision is that although section 42(1) of the FOIA is engaged, the public interest…
The complainant made a request to the London Borough of Hackney. The London Borough acknowledged that request and allocated it a reference number of FOI199. The Commissioner’s decision is that the London Borough of Hackney failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.The Commissioner…
In this case the Information Commissioner is both the public authority which is the subject of the complaint and the regulator of the FOIA responsible for investigating the complaint. The notice will use the term Information Commissioner’s Officer (ICO) when referring the Information Commissioner as the public authority subject to the complaint and the term…
The complainant submitted a request to the Foreign and Commonwealth Office (FCO) seeking access to the file ‘FO 1030/270’ which concerned post World War Two Germany. The FCO sought to withhold the information on the basis of section 23(1) (security bodies) or, in the alternative section 24(1) (national security). The Commissioner has concluded that the…
The complainant requested from Wiltshire Council (the Council) information relating to a highways contract. The Council disclosed some of the information and withheld other information under section 43(2) (commercial interests) of the FOIA. During the Commissioner’s investigation the Council reconsidered the request under the EIR and withheld some of the information under the exception for…
The complainant has requested information about a person who, he alleges, has caused criminal damage to his property. The Commissioner’s decision is that Huntingdonshire District Council failed to its refusal notice within 20 working days and has therefore breached Regulation 14(2) of the Environmental Information Regulations. The Commissioner does not require any further steps. Powered…
The complainant has requested review reports associated with a named primary school. Peterborough Diocese Education Trust (‘the Trust’) said it did not hold some of the requested information and has withheld other information – a Safeguarding audit report – under section 36(2)(b) and 36(2)(c) of the FOIA (prejudice to the effective conduct of public affairs).…
The complainant has requested information about emergency plans to protect children deemed to be at risk of abduction. The Commissioner’s decision is that, on the balance of probabilities, Brighton Hill Community School does not hold the requested information. However, it failed to inform the complainant that it did not hold the information within 20 working…
The complainant submitted ten information requests to Thanet District Council over a one month period. The public authority categorised all ten requests as vexatious and refused them under Section 14(1) of the FOIA. The Commissioner’s decision is that the ten requests are vexatious and that the public authority is not obliged to comply with the…
The complainant has requested information relating to the plans to develop the Whinlatter Mountain Centre and a feasibility study that has been commissioned to assess its economic and environmental impact. She also asked to know who has commissioned the study, who has conducted it and who it has been circulated too. The Forestry Commission (the…
The complainant requested demographic and academic information about applicants of a particular programme, as well as about those who had been offered an interview or a place. The Commissioner’s decision is that University College London (UCL) has correctly applied section 12 of the FOIA (cost of compliance exceeds the appropriate limit), and that it has…
The complainant has requested a complaint report associated with a particular school, and information associated with the report. The Department for Education (DfE) has refused to either confirm or deny it holds the requested information under section 36(3) of the FOIA (prejudice to effective conduct of public affairs). It considers the public interest favours maintaining…
The complainant has requested reports prepared for and presented to the Rough Sleeping and Homelessness Reduction Taskforce. The Ministry of Housing, Communities and Local Government (‘MHCLG’) withheld the information its entirety citing section 35(1)(a) – formulation of government policy. The Commissioner’s decision is that the MHCLG has appropriately relied on section 35(1)(a) to withhold the…
The complainant requested information relating to a bankruptcy order for a named individual. The Ministry of Justice (the ‘MOJ’) refused to provide the requested information citing section 32(1) of FOIA (court records) and section 40(2) (personal information). The Commissioner’s decision is that the MOJ was entitled to rely on section 32(1)(c)(i) and (ii) to withhold…
The complainant requested information regarding Sussex Police’s activities in relation to “Targeted Individuals”. The Commissioner’s decision is that Sussex Police has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires Sussex Police to issue…
Baltic Media Alliance SERV A Member State may, for reasons of public policy such as combating incitement to hatred, impose a temporary obligation to broadcast or retransmit a television channel from another Member State only in pay-to-view packages Powered by WPeMatico
Constantin Film Produktion v EUIPO Intellectual and industrial property Advocate General Bobek: EUIPO’s decision rejecting the registration of the trade mark ‘Fack Ju Göhte’ should be annulled Powered by WPeMatico
Puigdemont i Casamajó and Comín i Oliveres v Parliament The application for interim measures of Mr Carles Puigdemont and Mr Antoni Comín, to order the European Parliament to enable them to take their seats in Parliament is dismissed Powered by WPeMatico
Hungary v Commission State aid The General Court annuls the Commission’s decision finding that the Hungarian advertisement tax was incompatible with the EU State aid rules Powered by WPeMatico
Krajowa Rada Sądownictwa (Indépendance de la chambre disciplinaire de la Cour suprême) Law governing the institutions Advocate General Tanchev: the newly-created Disciplinary Chamber of the Polish Supreme Court does not satisfy the requirements of judicial independence established by EU law Powered by WPeMatico
The complainant has requested information relating to the councils 5 year housing supply position relating to a committee statement on a housing application in 2017. The council said that it does not hold the requested information. The Commissioner’s decision is that, on a balance of probabilities, the council does not hold information falling within the…
The complainant requested correspondence between the council and DEFRA regarding a contract between the council and Cory Wheelabrator which the council withdrew from in 2014. The council provided the information but withheld the names of some of the correspondents, applying Regulation 13(1) (personal data). The Commissioner’s decision is that the council was correct to apply…
The complainant submitted a request to the Foreign and Commonwealth Office (FCO) seeking a list of records concerning the rendition of Abdul Hakim Belhaj. The FCO sought to withhold the information on the basis of 23(1) (security bodies) or, in the alternative section 24(1); section 40(2) (personal data); and, section 42(1) (legal professional privilege). The…
The complainant requested information that had been redacted in response to another individual’s Subject Access Request (SAR). The London Borough of Lambeth (“the London Borough”) refused the request under section 14(1) of the FOIA on the basis that the request was vexatious. The Commissioner’s decision is that the request is vexatious and the London Borough…
The complainant has requested information relating to scaffolding complaints to Lewisham Homes since its formation 11 years ago. Lewisham Homes responded to say that the cost of compliance exceeds the appropriate limit and therefore cited section 12 of the FOIA. The Commissioner’s decision is that Lewisham Homes is entitled to rely on section 12 to…
The complainant has requested all documents relating to building regulations for a specific address from Gateshead Council (“the Council”). The Commissioner’s decision is that the Council was entitled to refuse the request as being manifestly unreasonable under the exception at regulation 12(4)(b) of the EIR, and that the balance of the public interest lies in…
The complainant submitted a request to the Cabinet Office for copies of correspondence between the Prime Minister, Theresa May, and The Duke of York and/or Sarah, The Duchess of York, concerning the wedding of their daughter Princess Eugenie. The Cabinet Office refused to confirm or deny whether it held any information falling within the scope…
The complainant has requested the Welland and Deepings Internal Drainage Board (the board) to disclose details of any cost savings it has implemented since April 2013. The board was concerned the complainant was using a pseudonym and refused to comply with the request until the complainant provided a postal address. The Commissioner’s decision is that…
The complainant has requested information from Liverpool City Council (“the Council”) regarding a named councillor’s trip to Indonesia. The Commissioner’s decision is that the Council failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. As a response has been provided, the Commissioner does not require…
The complainant has requested information about the public conveniences at Adkins Lane, Smethwick and negotiations regarding their sale. Sandwell Metropolitan Borough Council (“the council”) responded by providing information but withholding some of the requested information under section 40(2) of the FOIA. The council also stated that it did not hold some of the requested information.…
The complainant has requested information relating to the Airports National Policy Statement and Heathrow Airport Limited. The Commissioner’s decision is that Department for Transport (DfT) is entitled to rely on regulation 12(4)(e) to withhold the requested information. The Commissioner does not require the public authority to take any steps. Powered by WPeMatico
The complainant has requested a list of all the current Restricted Zones that form part of the Channel Tunnel. The Department for Transport (DfT) disclosed the locations of the larger zones but withheld the smaller zones applying section 24(1) (National Security) and 31(1) and (32) (law enforcement – prevention and detection of crime) of the…
The complainant has requested information relating to the Sandwich Rail Infrastructure Project. Kent County Council disclosed some information and withheld other information under the exceptions for commercial confidentiality (regulation 12(5(e)) and interests of the information provider (regulation 12(5)(f)). The Commissioner’s decision is that Kent County Council has correctly applied regulation 12(5)(e) to withhold the information.…
The complainant requested information relating to a scoring system he believes is used by Action Fraud to determine whether reports of fraud warrant further investigation. The Commissioner’s decision is that the City of London Police has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within…
The complainant requested statistics regarding information requests received from the media and the general public. The Commissioner’s decision is that Sussex Police has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires Sussex Police…
The complainant has requested a copy of complaint monitoring forms and the dates when these were introduced by the council. The council applied section 14 and refused the request on the basis that it was vexatious. The Commissioner’s decision is that the council was correct to rely upon section 14(1) to refuse to respond further…
The complainant has requested documents and correspondence regarding a BBC investigation into comments made in a WhatsApp group involving BBC staff as well as the transcripts of the messages. The BBC disclosed some of the information but withheld some information on the basis of section 40(2) and 42 of the FOIA. The complainant asked the…
The complainant has requested information on the rules, guidance and policies used by the ‘Client Affairs’ department of Westminster City Council (‘the Council’). The Commissioner’s decision is that on the balance of probabilities the Council has provided the limited information held at the time of the request. The Commissioner does not require the public authority…
The complainant has asked Belfast City Council for copies of emails and correspondence sent between Councillor Lee Reynolds and Mr Richard Cook, which are held on the Council’s email server. In particular, the complainant asked the Council for copies of emails which concern ‘Vote Leave’, ‘Constitutional Research Council’ and ‘CRC’. The Council confirmed that it…
The complainant has requested information relating to building defects at Roseberry Park Hospital in Middlesbrough. The Commissioner’s decision is that Tees, Esk and Wear Valleys NHS Foundation Trust (the Trust) has correctly applied section 36(2)(c) to the withheld information. She has further determined that public interest lies in favour of maintaining the exemption. The Commissioner…
The complainant has requested a copy of all recorded information held by Fishburn Parish Council (“the Council”), relating to the tender process for the proposed refurbishment of the Sports Pavilion. The Commissioner’s decision is that the Council has incorrectly relied upon section 14(1) of the FOIA to refuse the complainant’s request. Additionally, the Council has…
The complainant requested information concerning the investigation into the death of a British citizen, Helen Smith, in Saudi Arabia in May 1979. The Crown Prosecution (CPS) disclosed some information but withheld the remainder, ultimately citing sections 31(1)(c) (law enforcement), 38(1)(a) (health and safety) and 40(2) (personal information) of the FOIA. The Commissioner investigated its application…
The complainant submitted a request to the Foreign and Commonwealth Office seeking information it held about Operation Flavius. The FCO initially withheld all of the information falling within the scope of the request but at the internal review stage provided the complainant with some of the information in scope but sought to withhold the remainder…
The complainant has requested any declarations of interests NHS England received from specific individuals and companies named in the request. NHS England refused to confirm or deny whether this information is held under section 40(5)(b)(i) of the FOIA. The Commissioner’s decision is that NHS England is entitled to refuse to confirm or deny whether the…
The complainant has requested a copy of the evidence that was considered by the Regional Schools Commissioner (RSC) as part of their decision to allow a particular academy to reduce the number of pupils it admitted. The Department for Education (DfE) has refused to provide some of the requested information under section 36 – prejudice…
The complainant has requested DEFRA to disclose all correspondence and communications between Michael Gove and the European Research Group (ERG). DEFRA confirmed that it considers all communications of this nature are party political, do not relate to departmental business and so are not covered by FOIA. However, it has carried out all necessary searches and…
The complainant has requested information relating to contracts awarded to PR, marketing and lobbying agencies/companies. HS2 provided the complainant with some information but confirmed that no further information was held under section 1(1)(a) FOIA. The Commissioner considers that no further information is held by HS2 other than that which has been provided to the complainant…
The complainant requested several files from the Metropolitan Police Service (MPS). The Commissioner’s decision is that the MPS has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the MPS to issue a substantive…
The complainant requested a particular file from the Metropolitan Police Service (MPS). The Commissioner’s decision is that the MPS has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the MPS to issue a…
The complainant has requested information on the special advisers in the Department for Exiting the European Union (‘DExEU’). The Commissioner’s decision is that, following the disclosure of some information , DExEU has appropriately withheld the remaining information in reliance of section 40(2) – Personal information. The Commissioner does not require the public authority to take…
The complainant has requested information relating to the Welwyn Hatfield Borough Council Local Plan. Welwyn Hatfield Borough Council disclosed some information and withheld other information under the exception for material in the course of completion – regulation 12(4)(d). The Commissioner’s decision is that Welwyn Hatfield Borough Council has correctly withheld the information in parts 1-3…
In two separate requests the complainant has requested information associated with particular meetings, dates and correspondence. Mid and East Antrim Borough Council (‘the Council’) has categorised both requests as manifestly unreasonable under regulation 12(4)(b) of the EIR. The Commissioner’s decision is as follows: The complainant’s requests are manifestly unreasonable under regulation 12(4)(b) and the Council…
The complainant has requested information about the fencing off of a particular area of land. Surrey Heath Borough Council refused to comply with the request on the grounds that it was manifestly unreasonable within the meaning of regulation 12(4)(b) of the EIR. The Commissioner’s decision is that Surrey Heath Borough Council was entitled to refuse…
Glawischnig-Piesczek Freedom of establishment According to Advocate General Szpunar, Facebook can be ordered to seek and identify all comments identical to a defamatory comment that has been found to be illegal, and equivalent comments in so far as the latter originate from the same user Powered by WPeMatico
OG (Parquet de Lübeck) Area of Freedom, Security and Justice German public prosecutor’s offices do not provide a sufficient guarantee of independence from the executive for the purposes of issuing a European arrest warrant Powered by WPeMatico
WB Area of Freedom, Security and Justice Les notaires en Pologne, dressant un certificat d’hérédité à la demande conjointe de toutes les parties à la procédure notariale, ne sont pas des « juridictions » au sens du règlement sur les successions et, par conséquent, ledit certificat n’est pas une « décision » en matière de successions Powered by WPeMatico
Steinhoff and Others v ECB Law governing the institutions The General Court rejects the action for compensation brought against the ECB by private investors who suffered losses as a result of the restructuring of the Greek public debt in 2012 Powered by WPeMatico
Commission v Hungary Free movement of capital In cancelling the rights of usufruct over agricultural land in its territory that are held, directly or indirectly, by nationals of other Member States, Hungary has failed to fulfil its obligations arising from the principle of the free movement of capital and the right to property guaranteed by…
The complainant has requested information about meetings held by the ‘Kent Planning Officers Group’. Folkestone and Hythe District Council informed the complainant that it could make the information available subject to a charge of £375.00, in accordance with regulation 8 of the EIR. The Council subsequently amended the charge to £325.00 during the course of…
The complainant has requested information on the decision making process which the council took to allow caravans to remain parked on a field. The council disclosed some information but applied Regulation 12(5)(b) (course of justice) to withhold other information. The Commissioner’s decision is that the council was correct to apply Regulation 12(5)(b) to withhold the…
The complainant has requested information on empty properties in the London Borough of Hackneyand the names of the owners of those properties. The Commissioner’s decision is that the London Borough of Hackney (“the Council”) appropriately applied the exemption contained in section 31(1)(a) FOIA – Law enforcement, to withhold the information. The Commissioner does not require…
The complainant has requested a copy of a temporary staffing report by NHS Improvement (NHSI) into North Lincolnshire and Goole NHS Foundation Trust. NHSI initially refused the request on the basis of section 41, 43, 31 and 33 of the FOIA but during the investigation disclosed some information previously withheld under sections 41 and 43…
The complainant requested information about arrests made as a result of failed breathalyser tests. The Commissioner’s decision is that the Chief Constable of Sussex failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Constabulary to take the following steps to ensure…
The complainant has requested some information from Walford Parish Council (“the Council”) regarding permission granted for the works carried out on a Site of Special Scientific Interest (“SSSI”) and the appointment of a Councillor to a non-executive director of the company managing the site. The Council responded providing some information that was dated after the…
The complainant has requested information from the Police Service of Northern Ireland (PSNI) in relation to individuals who have been identified as part of certain groups. The PSNI refused to confirm or deny whether it held the requested information, citing sections 24(2), 31(3) and 40(5)(b)(i) of the FOIA as a basis for non-confirmation or denial.…
The complainant has requested information with regards to her deceased husband. BCP council (the council), who were Bournemouth Borough Council at the time the complaint was brought to the Commissioner, after seeking clarification and sighting section 12 of the FOIA established that it did not hold information falling within the scope of the request. The…
The complainant has requested a copy of the Whinlatter Mountain Centre Concept and Feasibility Study. The Lake District National Park Authority (the authority) refused to disclose the information, initially, citing section 41 of the FOIA. During the Commissioner’s investigation the authority decided that the request should have been considered under the EIR and advised the…
The complainant has requested information from the Medicines and Healthcare Products Regulatory Agency (MHRA) about the importation of Co-proxamol. The MHRA disclosed the information under part 1 and 2 of the request and also some of the information under part 3 but applied section 41 (Information provided in confidence) and 43 (Commercial interest) of the…
The complainant has asked the Causeway Coast and Glens Borough Council (“the Council”) for information relating to a proposal for a hotel at Ballyreagh Road, Portstewart and planning application LA01/2016/1328/F. The Council provided the complainant with information relevant to his request and withheld some information in reliance on Regulations 12(4)(e) and 13 of the EIR.…
The complainant requested copies of correspondence between a landowner or their associates and the council between specific dates. The council applied the exception in Regulation 13(5) (personal data) to neither confirm nor deny whether any information is held, and maintained its position in its review of the decision. The Commissioner’s decision is that the council…
The complainant requested information relating to completion certificates for 9 converted flats in Croydon. The public authority refused to comply with the request relying on the exception at regulation 12(4)(b) EIR (manifestly unreasonable request). The Commissioner concluded that the public authority was entitled to rely on the exception at regulation 12(4)(b) EIR. Powered by WPeMatico
The complainant has requested information relating to bids to operate the East Coast rail franchise. The Department for Transport (DfT) refused the request under the exemptions provided by section 21 – information accessible by other means, section 43(2) – commercial interests and section 44 – statutory prohibition. The complainant has not contested the application of…
The complainant has requested information regarding the First World War Centenary Cathedral repairs fund (the fund). The Cabinet Office refused to comply with the request under section 12 of the Act as it considered compliance with the request would exceed the appropriate limit. The Commissioner’s decision is that the Cabinet Office is entitled to rely…
The complainant has requested PREM 19/898/1 Closed extracts 147 pages. TNA refused to disclose the requested information under section 37(1)(a), 40(2) and 41 FOIA. The Commissioner’s decision is that TNA has correctly applied section 37(1)(a) FOIA to the withheld information. The Commissioner requires no steps to be taken. Powered by WPeMatico
The complainant submitted a meta-request to the Ministry of Defence (MOD) seeking information about how a previous request he had submitted to the public authority had been handled. The Commissioner’s decision is that the MOD has breached section 10(1) of the FOIA because it has failed to provide a valid response to the meta-request within…
The complainant has requested information from the Department for Communities Northern Ireland (DfC) in relation to the proposed redevelopment of Casement Park. The DfC disclosed some of the requested information to the complainant, however it refused to disclose certain information (‘the withheld information’) citing regulation 12(5(a) of the EIR as a basis for non-disclosure. The…
The complainant has requested all information and documents relating to a certain cricket ground and club. He has also requested all information regarding activities or plans concerning the allocation of funds within the ward which would affect the cricket club and ground from East Woodhay Parish Council (“the Council”). The Council states that it has…
The complainant has requested information from Arc21 relating to a procurement process in respect of a waste management project in Northern Ireland. Arc21 disclosed some information to the complainant, however it withheld the remainder, citing sections 41 and 43 of the FOIA as a basis for non-disclosure. The Commissioner’s decision is that Arc21 has correctly…
The complainant has requested figures relating to bail applications made to the First-tier Tribunal (Immigration and Asylum Chamber) in 2016 and bail applications considered by the First-tier Tribunal Judge [name redacted] who regularly sits at [information redacted]. The Commissioner’s decision is that section 31(1)(c) is not engaged. She requires the Ministry of Justice (MoJ) to…
Through a multi-part request the complainant has requested information associated with meetings, a tender and procurement process and the leasing of office equipment. St John’s Church School (‘the School’) has categorised the request as vexatious under section 14(1) of the FOIA and has refused to comply with it. The Commissioner’s decision is as follows: The…
The complainant requested information about pregnancy related medical suspensions. Cardiff Council (‘the Council) stated that it did not hold any recorded information. The Commissioner’s decision is that, on the balance of probabilities the Council does not hold any recorded information falling within the scope of the request. The Commissioner does not require any steps to…
The complainant has requested information associated with public information campaigns from NHS England (‘NHSE’). NHSE released some information and has withheld the value of fees paid to particular celebrities under section 43(2) of the FOIA (commercial interests). The Commissioner’s decision is that NHSE is entitled to rely on section 43(2) to withhold the disputed information…
The complainant made a series of requests relating to items listed on the agendas of Parish Council meetings. The Commissioner’s decision is that all four requests were vexatious and therefore Potto Parish Council was entitled to rely on section 14 of the FOIA to refuse them. However it failed to issue its refusal notices, relying…
The complainant requested a copy of Irby upon Humber Parish Council’s Child and or Young Person and Vulnerable Adult Protection Policy as well as any adoption date of the policy. The Complainant asked in the event that the Parish Council did not hold such a document, that it provided them with information relating to safety…
The complainant requested information from the Bournemouth, Christchurch and Poole Council (“the Council”) about suitable and sufficient public liability insurance for a contract between Highways Authority and Kiely Brothers and whether the contract contained an indemnity clause. The Commissioner’s decision is that Council has breached section 10(1) of the FOIA in that it failed to…
The complainant has requested information on staff turnover, compromise agreements, disciplinary investigations, governor appointments, pupil turnover and reasons for pupil withdrawal. St. Andrew’s Primary School disclosed some information but withheld other information on the basis of section 40(2) of the FOIA. The School also refused to confirm or deny if some information was held under…
The complainant has requested information with regards to supported housing. The council provided the information it held but the complainant considered the figures were inaccurate. The Commissioner’s decision is that the council has provided the information it held relevant to the request. The Commissioner does not require the council to take any steps. Powered by…
The complainant made a request for a copy of a draft report. Great Ormond Street Hospital for Children NHS Foundation Trust (the Trust) initially refused the request as vexatious under section 14(1) of the FOIA. The Trust later cited section 21 (available by other means) as the final report had been published. The Commissioner’s decision…
The complainant has requested correspondence between the University of Essex (the University) and eight named individuals and organisations. The University denied holding correspondence with all but three of the named organisations. In respect of these three organisations the University provided a limited amount of its correspondence with one, from which personal data had been redacted…
Fundación Consejo Regulador de la Denominación de Origen Protegida Queso Manchego Agriculture and fisheries The use of figurative signs evoking the geographical area with which a protected designation of origin (PDO) is associated may constitute an unlawful evocation of that designation Powered by WPeMatico
Verein für Konsumenteninformation Approximation of laws Advocate General Szpunar: Deutsche Bahn cannot require customers wishing to purchase travel tickets online by direct debit to be resident in Germany Powered by WPeMatico
The Court of Justice adopts new rules on whether or not to allow appeals to proceed in cases which have already been considered twice Powered by WPeMatico
The mechanism for the resolution of disputes between investors and States provided for by the free trade agreement between the EU and Canada (CETA) is compatible with EU law Powered by WPeMatico
AIRBNB Ireland Freedom of establishment According to Advocate General Szupunar a service such as that provided by the AIRBNB portal constitutes an information society service Powered by WPeMatico
ICO publishes updated guidance on certification and codes of conduct Powered by WPeMatico
The complainant requested information from Winsford Town Council about use by members of an assortment of different email addresses as their official council point of contact. The Commissioner’s decision is that the Council has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory…
The complainant has requested information about datasets and data held by the DWP. The DWP relies on sections 24(2) and 31(3) of the FOIA to neither confirm nor deny that it holds the requested information. The Commissioner’s decision is that DWP incorrectly applied sections 24(2) and 31(3). The DWP is required to confirm or deny…
The complainant requested copies of minutes of meetings for various periods of time. Ammanford Town Council (‘the Council’) provided some information but the complainant alleged that it had not provided all the information held relevant to the request. During the course of the Commissioner’s investigation the Council disclosed additional information and stated that it did…
The complainant has requested information relating to a deceased officer. Staffordshire Police withheld the information citing sections 30(1)(a) and (b) (Investigations and proceedings); 31(1)(1)(g) by virtue of 31(2) (Law enforcement) and 38(1) (Health and safety) of the FOIA to some of it. Staffordshire Police also confirmed that it did not hold the remainder of the…
The complainant requested information about the fines issued at a particular box junction. The Commissioner’s decision is that the London Borough of Barking & Dagenham failed to obtain adequate clarification of the request. She therefore finds that the London Borough breached section 16 of the FOIA in the way that it handled this request. The…
The complainant has requested the business model and financial model relating to a decision by Surrey County Council to impose car park charges. Surrey County Council disclosed some information but explained that it did not hold certain financial information and cited regulation 12(4)(a) of the EIR. The Commissioner’s decision is that Surrey County Council is…
In multi-part requests, the complainant has requested information from the Parliamentary and Health Service Ombudsman (PHSO) about the external review process associated with its handling of service complaints. PHSO released some information, relied on section 21(1) of the FOIA (information accessible to the applicant by other means) with regard to aspects of the requests and…
The complainant has requested information from the Department of Education Northern Ireland (the DENI) relating to an inspection carried out of Killowen Primary School, Rostrevor. The DENI disclosed some of the requested information, which consisted of the complainant’s personal data, however it refused to disclose the remainder (the withheld information) citing section 33, of the…
The complainant requested from City of York Council (the Council) information related to procurement “low risk” contracts above £30,000 and below £100,000. The Council refused to comply with the complainant’s request relying on section 21 as it considered the information requested to be reasonably accessible to the complainant. The Commissioner’s view is that the complainant’s…
The complainant requested various information in respect of the training and qualifications of named individuals involved in an investigation considering concerns about medical practitioners. Aneurin Bevan University Health Board refused the request on the basis of section 40(2) of the FOIA. The Commissioner’s decision is that Aneurin Bevan University Health Board was entitled to rely…
Facebook expects a $5 Billion fine by the US Federal Trade Commission Powered by WPeMatico
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ICO: Government needs to address political influencing together with other online harms Powered by WPeMatico
The complainant has requested information regarding local planning matters including a copy of a planning report. Armagh City, Banbridge and Craigavon Borough Council clarified one part of the request with the complainant before providing a copy of the report. The Commissioner’s decision is that the council complied with the requirements of EIR regulation 9 –…
The complainant has requested a variety of statistical information and information relating to his own care. The Commissioner’s decision is that Salford Royal NHS Foundation Trust does not hold some of the information within the scope of the request. Where it does hold information, it is entitled to rely upon section 21 of FOIA in…
The complainant requested correspondence between Peterborough City Council and Eye C of E Primary School relating to a complaint of maladministration of Key Stage 2 SATs tests. The Council disclosed some information, but withheld the remainder under section 36 (prejudice to the effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that…
The complainant has requested copies of minutes and reports of the Essex Area Child Protection Committees. Essex County Council disclosed the majority of the information it located however it withheld some information citing the exemption at section 40(2) – personal information. The Commissioner’s decision is that section 40(2) is correctly engaged for the names of…
The complainant has requested information relating to stray dogs. Halton Borough Council failed to respond within the statutory 20 working days prescribed by FOIA. The Commissioner’s decision is that in failing to communicate to the complainant all the information it held to fulfil the request within the statutory timescale of 20 working days, Halton Borough…
The complainant requested a variety of information about the Child Maintenance Service. The Commissioner’s decision is that the Department for Work & Pensions failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner does not require any further steps to be taken. Powered by…
The complainant requested a report into a data breach from Newcastle City Council (“the Council”). The Council stated that it did not hold any information falling within the scope of the request. The Commissioner’s decision is that the Council failed to carry out an objective reading of the complainant’s request and has therefore not complied…
The complainant has requested information from the Department of Health and Social Care (DHSC) about the reimbursement prices of bicalutamide 50mg tablets and the manufacturers and wholesalers providing data for Category M drugs. The information was initially withheld by the DHSC under section 43(2) commercial interests. At a much later date the internal review cited…
The complainant has requested information from the Department of Health and Social Care (DHSC) about the calculation of the concessionary prices of bicalatumide 50mg tablets and the manufacturers and wholesalers that provided the relevant information. The information was initially withheld by the DHSC under section 43(2) – commercial interests. At a much later date the…
The complainant has requested information relating the method by which Farm Parks are valued. The Valuation Office Agency initially refused the request as vexatious but subsequently provided some information. The Commissioner’s decision is that VOA failed to comply with its section 1(1) duties within 20 working days and therefore breached section 10 of the FOIA.…
EDPB provides guidance on ‘contractual necessity’ as a lawful ground for processing Powered by WPeMatico
The complainant has requested information pertaining to Thanet District Council’s review of the Port of Ramsgate and related plans for increased commercial shipping capacity following Brexit. The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached regulation 5(2) of the EIR. The Commissioner…
The complainant submitted two requests to the Cabinet Office seeking information about the government’s Gulf Strategy. The Cabinet Office responded by stating that it did not hold any information falling within the scope of either request. The Commissioner is satisfied that on the balance of probabilities the Cabinet Office does not hold any information falling…
The complainant has requested information from the BBC associated with the journalist John Sweeney. The BBC considers that the requested information is not caught by the FOIA as it is held for the purposes of journalism, art or literature. The Commissioner’s decision is that this information is held by the BBC for the purposes of…
The complainant requested information about a UK visa that he believed had been granted to Anwar Al-Awlaki and also about what he described as Mr Al-Awlaki’s subsequent “ban” from the UK. The Home Office would neither confirm nor deny (‘NCND’) whether it held the requested information, citing the exemption at section 41(2) (information provided in…
The complainant requested information on organisations that have received concessionary loans from the Education and Skills Funding Agency. The Department for Education (DfE) withheld the information under FOIA section 36 (prejudice to the effective conduct of public affairs) and 43 (commercial interests) but released the information during the Commissioner’s investigation. The complainant remains dissatisfied with…
The complainant has requested information with regards to volume increases to proposed extensions and erections of dwellings. Bury Council (the council) provided a response. The complainant complained to the Commissioner that no internal review has been carried out after it was requested. The Commissioner’s decision is that the council has breached regulation 11(4) of the…
The complainant requested information in a Vehicle Conversion and Reconditioning Services Framework – RM956 managed by the Crown Commercial Service. The public authority disclosed some of the requested information and withheld data under the fields “CustomerName” and “Customer Invoice Date” on the basis of the exemptions at sections 31(1)(a) and 43(2) FOIA. The Commissioner concluded…
The complainant has requested information about prosecutions commenced under the Psychoactive Substances Act 2016 (“PSA”) from the Crown Prosecution Service (“CPS”). The CPS disclosed some information and the complainant subsequently disputed the non-disclosure of a small amount of information which was withheld under section 40(2) (personal information) of the FOIA. The Commissioner’s decision is…
The complainant has requested information about offences of “controlling and coercive behaviour” under section 76 of the Serious Crime Act 2015 (“SCA”) from the Crown Prosecution Service (“CPS”). The CPS disclosed some information and the complainant subsequently disputed the non-disclosure of a small amount of information which was withheld under section 40(2) (personal information) of…
The complainant has requested information on any work carried out on the Carnegie at Herne Hill including costs information. The Commissioner’s decision is that the London Borough of Lambeth has appropriately applied regulation 12(4)(b) in response. The Commissioner does not require the public authority to take the any steps to ensure compliance with the legislation.…
Government proposes regulatory measures to tackle online harms Powered by WPeMatico
The complainant has requested information on pre-planning discussions regarding Blackborough House between the developer and the council. The council referred the complainant to its website for some information however, it withheld other information under the exemptions in Regulation 12(5)(e) (commercial confidentiality) and Regulation 12(4)(d) (material in the course of completion). During the course of the…
The complainant requested information relating to prisoner recalls. The Parole Board ultimately confirmed that it did not hold the requested information. The Commissioner’s decision is that, on the balance of probabilities, the Parole Board did not hold the requested information and it had therefore complied with the duty set out at section 1(1) (general right…
The complainant requested detailed accounting information from the Inspiration Trust, Norwich (“the Trust”) about the Cromer Academy in Cromer, Norfolk (“the school”). The Trust originally withheld the information which it considered fell within the scope of the request under section 43(2) of the FOIA – prejudicial to commercial interests. During the course of the Commissioner’s…
The complainant has requested psuedonymised versions of requests for Registered Keeper’s details submitted by the London Borough of Havering over a defined period. The Commissioner’s decision is that the Driver & Vehicle Licensing Agency is entitled to rely on Section 12 to refuse this request. However, it failed to provide adequate advice & assistance to…
The complainant has requested information concerning an ongoing investigation relating to data analytics. The Information Commissioner’s Office (ICO) has withheld the requested information under section 31(1)(g) of the FOIA (law enforcement) and considers that the public interest favours maintaining this exemption. The Commissioner’s decision is as follows: The ICO is entitled to rely on section…
The complainant has asked the North East Procurement Organisation (“NEPO”) for recorded information concerning NEPO207 Building Construction Works Framework (2018/S 068-150309). NEOP provided the complainant with some information which is relevant to his request but withheld other information in reliance on section 43(2) of the FOIA on the grounds that would prejudice its and its…
The complainant requested information regarding penalties incurred by a particular contractor. The Commissioner’s decision is that Highways England failed to issue a refusal notice, citing all the exemptions it eventually came to rely upon, within 20 working days. It therefore breached Regulation 14 of the EIR. The Commissioner does not require any steps to be…
The complainant has requested the trust to disclose whether the named individuals within a list he provided had first aid certificates on the date of each trip that was detailed in the list. He also asked for the date of when each first aid certificate had been obtained, when it was due to expire and…
The complainant has requested information relating to the BBC’s Crimewatch programme number 253. The BBC has refused to provide the information on the basis that it is coverd by the derogation and excluded from the FOIA. The Commissioner’s decision is that this information is held by the BBC for the purposes of ‘journalism, art or…
All European Final of the European Moot Court Competition takes place at the Court of Justice of the European Union in Luxembourg on 5 April Powered by WPeMatico
Verkehrsbetrieb Hüttebräucker and BVR Busverkehr Rheinland Transport Powered by WPeMatico
Germanwings Transport An air carrier is required to compensate passengers for a delay of three hours or more where an aircraft tyre is damaged by a screw lying on the runway only if it deployed all means at its disposal for limiting the delay of the flight Powered by WPeMatico
Germany v Commission State aid The Court of Justice annuls the Commission decision stating that the German law on renewable energy of 2012 (the EEG 2012) involved State aid Powered by WPeMatico
Commission v Spain (Article 260, paragraphe 3, TFUE – Crédits immobiliers résidentiels) Environment and consumers Advocate General Tanchev: The Court of Justice should find that Spain failed to adopt the necessary laws to comply with the directive on credit agreements for consumers relating to residential immovable property Powered by WPeMatico
The complainant has asked City of York Council to confirm what ‘rules’ member of the planning committee adhere to […] with regard to discussing planning applications. The Commissioner has satisfied herself that the Council holds no such ‘rules’, and because the complainant already knew that fact when he made his request, the Council was entitled…
Summary (Welsh) Mae’r achwynydd wedi gofyn am ddisgrifiad swydd Cydlynydd Cymraeg Cyngor Bwrdeistref Sirol Wrecsam. Yn wreiddiol, gwrthododd y Cyngor y cais ar sail adran 40(2) o’r Ddeddf, ond fe’i datgelodd yn llawn yn ystod ymchwiliad y Comisiynydd. Penderfyniad y Comisiynydd yw bod Cyngor Bwrdeistref Sirol Wrecsam, drwy fethu rhoi’r wybodaeth o fewn yr amserlenni…
The complainant has requested information about all occasions between 15 August 2015 and 16 August 2018 when Heskin Parish Council (“the Council”), its employees or Councillors have breached or not fully complied with legislation. Additionally, the complainant has requested information regarding the Parish Clerk’s qualifications. The Commissioner’s decision is that on the balance of probabilities…
The complainant has requested a report produced by the Royal College of Obstetricians and Gynaecologists (RCOG) into the North Devon Hospital’s maternity unit. Northern Devon Healthcare NHS Trust (the trust) refused to disclose the information citing sections 36(2)(b) and (c) of the FOIA. The Commissioner’s decision is that the trust is entitled to withhold the…
The complainant requested information relating to unlawful foxhunting in Cumbria. The Commissioner’s decision is that Cumbria Constabulary has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. As a response has now been provided the Commissioner does…
The complainant requested information from the City of London Police relating to Action Fraud. The Commissioner’s decision is that the City of London Police has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires…
The complainant has requested information relating to the suppressed numbers from the disclosed information for cancelled operations. Barts Health NHS Trust (the Trust) refused to provide the suppressed numbers citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the Trust…
The complainant has requested the results of an investigation by the Standards and Testing Agency (STA) into allegations of maladministration at a Primary School. The complainant also asked for any communications, documents or notes relating to the results and investigation. The STA identified relevant information and sought to withhold this under section 36(2), 41 and…
The complainant submitted a request to the Cabinet Office for a copy of its Information Asset Register and a list of cost codes issued by the department. The Cabinet Office disclosed the list of cost codes but sought to withheld the Information Asset Register on the basis of section 31(1)(a) (law enforcement) of FOIA. The…
The complainant submitted a request to the Department for Digital, Culture, Media & Sport (DCMS) for its Information Asset Register and a list of cost codes issued by the department. The DCMS initially withheld all of this information on the basis of section 31(1)(a) (law enforcement) and part of it on the basis of section…
Czech Republic adopts new DP law to follow GDPR Powered by WPeMatico
The complainant has requested information relating to instances when time with or access to the Governor of the Bank of England was won or secured through charitable or social events. The public authority disclosed some of the information held. It withheld the names of the individuals who had secured visits to the Bank of England…
The complainant has requested information on a specific planning application with respect to the actions of a named officer. The Commissioner’s decision is that the London Borough of Barnet was entitled to rely on regulation 12(4)(b) – the request for information being manifestly unreasonable – to refuse to comply with the request. The Commissioner does…
The complainant has requested information about planning matters relating to specific addresses. The Council disclosed some information under the terms of the Data Protection Act 1998, but withheld the remainder under regulation 13(1) of the Environmental Information Regulations 2004. The Commissioner’s decision is that the Council has correctly applied regulation 13(1), and that, on the…
The complainant has requested recorded information from Fareham Borough Council relating to planning application P/16/0557/AO submitted by National Grid IFA2 Ltd. The Council has withheld some information from the complainant in reliance on section 40(2), 41 and 43 of the FOIA. The Commissioner has decided that Fareham Borough Council is entitled to rely on section…
The complainant has requested papers, agendas, minutes and documents relating to a tender by NHS Ealing CCG for community services. The CCG confirmed it held a business case, agenda, additional considerations paper and minutes but refused to provide these on the basis of section 43(2) of the FOIA. The CCG later sought to also apply…
The complainant has requested information relating to the mental health services NHS Liverpool Clinical Commissioning Group (the CCG) has commissioned for Black and Minority Ethnic individuals/community since its inception. The CCG disclosed the recorded information it holds. The complainant believes the CCG holds further recorded information and has breached the FOIA whilst handling his request.…
The complainant has requested Closed file PREM 15/1184/1. TNA refused to disclose the requested information under section 37(1)(a), 40(2) and 41 FOIA. The Commissioner’s decision is that TNA has correctly applied section 37(1)(a) FOIA to the withheld information. The Commissioner requires no steps to be taken. Powered by WPeMatico
The complainant has requested a copy of an NHS inquiry into an Immigration Removal Centre. This was initially refused by Nottinghamshire Healthcare NHS Foundation Trust (“the Trust”) on the basis of section 36(2)(c) of the FOIA. The Trust later sought to also apply the exemptions from disclosure at section 31, 41 and 40 of the…
The complainant requested information relating to the Northern Ireland Road Safety Partnership. The Police Service of Northern Ireland (‘PSNI’) refused to comply with the request on the basis that to do so would exceed the appropriate limit in costs set by section 12(1) (cost of compliance) of FOIA. The Commissioner’s decision is that PSNI correctly…
The complainant requested photographs relating repair works undertaken inside a specific property. The Council provided some information, but this was not the requested information. Following the Commissioner’s intervention the Council provided the complainant with the requested information. The Commissioner’s decision is that the public authority has complied with the complainant’s request, but only did so…
The complainant has requested information about the Therfield Regulation Trust’s (the Trust) income and expenditure in respect of plans to develop a piece of land. The Trust originally argued that it was not a public authority for the purposes of the EIR. However following the complainant’s request for an internal review of that decision, the…
The complainant has requested information regarding ministerial misconduct complaints. The Cabinet Office refused to comply with the request under section 12(1) of the Act as it considered compliance with the request would exceed the appropriate limit. The Commissioner’s decision is that the Cabinet Office has not demonstrated that compliance with the request would exceed the…
The complainant has requested the listening figures for the Radio 2 Drivetime show. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore…
The complainant has requested information about the Archers programme. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds the BBC’s position…
The complainant requested information in relation to possible renovation works on a property. Relying on regulation 13(5A)(5)(B) the public authority neither confirmed nor denied whether it held the requested information. The Commissioner concluded that the public authority was entitled to rely on regulation 13(5A)(5)(B) as the basis for neither confirming nor denying whether it held…
The complainant submitted a request to the Cabinet Office seeking access to the file CAB 163/205 which dates from 1973 and concerns a ‘Review of the UK/Australia intelligence liaison following leaks to the Australian press of information on defence matters and intelligence gathering activities’. The Cabinet Office sought to withhold the file on the basis…
The complainant has requested a copy of a draft report on a decision for the county council not to take further steps in respect of the creation of a footpath. The council refused the request on the grounds that Regulation 12(4)(d) applied (material in the course of completion). The Commissioner’s decision is that the council…
The complainant has requested information from the BBC associated with the journalist John Sweeney. The BBC considers that the requested information is not caught by the FOIA as it is held for the purposes of journalism, art or literature. The Commissioner’s decision is that this information is held by the BBC for the purposes of…
The complainant requested information relating to correspondence between councillors and a named individual. Newry, Mourne and Down District Council (the Council) disclosed the majority of the information within the scope of the request, but withheld a small amount, citing section 40(2) (personal information) of the FOIA. The Commissioner’s decision is that the Council has properly…
The complainant has requested from the Ministry of Justice a transmission log of the faxes received by the Central London County Court during three specified time periods. The Commissioner’s decision is that, on the balance of probabilities, the Ministry of Justice does not hold the requested information. Powered by WPeMatico
The Netherlands DPA confirms its GDPR fining policy Powered by WPeMatico
The complainant has requested information relating to vehicles licensed, or formerly licensed, as hackney carriage licences or Private Hire Vehicles (PHV’s). The council provided the requested information other than the vehicle recognition marks/licence plate numbers (VRM’s). It withheld these on the basis that section 40(2) (personal data) applied. The Commissioner’s decision is that the council…
The complainant has requested information relating to vehicles licensed, or formerly licensed, as hackney carriage licences or Private Hire Vehicles (PHV’s). The council provided the requested information other than the vehicle recognition marks/licence plate numbers (VRM’s). It withheld these on the basis that section 40(2) (personal data) and section 31(1)(a) (prevention and detection of crime)…
The complainant has requested information regarding projects commissioned under the Consultancy One framework. The Cabinet Office has asserted that the requested information is not held. The Commissioner’s decision is that, on the balance of probabilities, the Cabinet Office does hold the requested information and has failed to fully consider and responds to the request in…
The complainant has requested information on the guidance that was available to general practitioners in 2009 and which related to working with service users who had suffered sexual abuse in 2009. The Department of Health & Social Care (DHSC) originally refused the request under section 21 of the FOIA on the basis that the information…
The complainant requested from Dorset County Council (the Council) information regarding a report which concerns the Partnership for Older People Programme (POPP). The Commissioner’s decision is that the Council has correctly withheld the information to the request under section 41(1) (information provided in confidence) of the FOIA. The Commissioner’s decision is that as the information…
The complainant has requested information from the Gambling Commission (the Commission) relating to the number of EuroMillions lottery tickets issued missing Millionaire Maker codes (the codes). The Commissioner’s decision is that, on the balance of probabilities, the Commission does not hold information within the scope of the request. The Commissioner does not require theCommission to…
The complainant requested from Middlesbrough Council (the Council) information relating to the planning application about a specific property in Middlesbrough. The Council disclosed some information and withheld other information under the EIR – regulations 12(4)(e) (internal communications) and 12(5)(f) (interests of information provider).The Commissioner’s decision is that the Council failed to respond within the statutory…
The complainant requested information relating to surface water drainage matters. The Council denied holding relevant information. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold the requested information. She therefore upholds the Council’s application of regulation 12(4)(a) (information not held) of the EIR. She did, however, find a procedural…
The complainant has requested from NHS South Worcestershire Clinical Commissioning Group (the CCG) email addresses held of its member GP practices. The Commissioner’s decision is that the CCG failed to provide the complainant with a copy of the requested information within the required timeframe and has therefore breached section 10 of the FOIA. As the…
The complainant has requested information about a press statement issued by the Ministry of Justice (MOJ) about a high profile prisoner. The MOJ disclosed some information but withheld information about the staff involved in preparing and authorising the press statement, on the grounds that it was exempt from disclosure under section 40 (personal information) of…
Bulgaria’s new data protection law enters into force Powered by WPeMatico
The complainant has requested information from Forest Holidays Ltd (‘FHL’) associated with a development proposal in Mortimer Forest in Shropshire. FHL’s position is that it is not a public authority for the purposes of the EIR. It has therefore refused to respond to this request under the EIR. The Commissioner’s decision is that FHL is…
The complainant has requested information on the disclosure of British taxpayer information provided to the US Internal Revenue Service (‘IRS’) in accordance with the Foreign Account Tax Compliance Act (‘FATCA’). The Commissioner’s decision is that HM Revenue and Customs (‘HMRC’) has appropriately relied on section 27(1)(a) of the FOIA to refuse the request. The Commissioner…
The complainant has requested from the ICO the results of an information risk review it carried out for the Equality and Human Rights Commission. The ICO withheld the information under section 44(1)(a) of the FOIA (prohibitions on disclosure) and section 31(1)(g) (law enforcement). The Commissioner’s decision is as follows: The ICO is entitled to withhold…
The complainant requested information from Surrey Police relating to contracts with legal firms. The Commissioner’s decision is that Surrey Police has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires Surrey Police to issue…
The complainant has requested information on the diary entries of the Information Commissioner covering a total period of two years. The Information Commissioner’s Office (ICO) provided some information, but withheld other information under the exemptions provided by section 21 – accessible to the applicant by other means, section 22 – information intended for future publication,…
The complainant has requested information about how the Council voted in a Business Improvement District (BID) ballot. The Council refused to provide the information, relying on sections: 44(1)(a) – prohibition on disclosure; 42 – legal professional privilege; and 40(2) – third party personal data, of the FOIA. The Commissioner’s decision is that Birmingham City Council…
The complainant has requested details of correspondence that Essex Police (“EP”) has had with a named organisation. EP advised that to ascertain whether or not it held any information would exceed the cost limit at section 12(2) (cost of compliance exceeds appropriate limit) of the FOIA. The Commissioner’s decision is that EP was entitled to…
The complainant has requested information relating to the closed files listed as BS 28/83 and BS 28/45 held by The National Archives. During the Commissioner’s investigation The National Archives (TNA) reassessed the information in one of the files (BS 28/83, the transcript index) and decided to disclose the names of individuals known to be…
The complainant submitted a request to the Competition and Markets Authority (the CMA) seeking information about a costs determination it had issued when considering an Energy Code Modification Appeal. The CMA argued that in considering such an appeal it was acting as a tribunal and therefore not subject to FOIA by virtue of paragraph 1ZA…
The complainant has requested information about a named individual and his company which he believes may be held by the ICO as part of its investigation into the use of data analytics for political purposes. The ICO relied on the exclusion from the duty to confirm whether the information was held provided by section 31(3).…
Baltic Media Alliance SERV Advocate General Saugmandsgaard Øe: the Audiovisual Media Services Directive does not preclude the adoption by a Member State of a measure imposing an obligation to broadcast or retransmit a foreign television channel only in packages available for an additional fee, in order to restrict the dissemination by that channel to the…
Amazon EU Environment and consumers Advocate General Pitruzzella proposes that the Court rule that an e-commerce platform such as Amazon cannot be obliged to make a telephone number available to consumers Powered by WPeMatico
Craeynest and Others Environment and consumers Advocate General Kokott proposes that the Court of Justice should rule that national courts must, on application by affected individuals, examine whether air sampling points were sited in accordance with the criteria set out in EU law Powered by WPeMatico
Línea Directa Aseguradora Approximation of laws Advocate General Bot proposes that the Court should declare that spontaneous burning of a vehicle parked in a private garage for more than 24 hours falls within the concept of ‘use of vehicles’ Powered by WPeMatico
Associação Peço a Palavra and Others Freedom of establishment The conditions set by the Portuguese Government for the reprivatisation of TAP are compatible with EU law with the exception of the requirement to maintain and develop the existing national hub Powered by WPeMatico
Ireland received 136 cross-border complaints under GDPR by end of 2018 Powered by WPeMatico
Brexit update: Government issues paper on a no-deal Powered by WPeMatico
The complainant requested the “Policy, Law and Decision Making Guidance” as used by the public authority in the assessment of child maintenance cases. The Department for Work and Pensions (DWP) relied on section 22 to withhold the requested information. The Commissioner’s decision is that the DWP incorrectly applied section 22 to withhold the requested information.…
The complainant has requested information regarding the duties of a police constable. Hertfordshire Police explained that it does not hold any further recorded information relevant to the request. The Commissioner’s decision is that Hertfordshire Police is correct to state that it does not hold any further information. The Commissioner therefore considers that it has not…
The complainant has requested from Minting and Gautby Parish Council information in relation to its value added tax (VAT) reclaim forms. The Council has categorised the request as vexatious under section 14(1) of the FOIA and has refused to comply with it. The Commissioner’s decision is that the Council correctly refused to respond to the…
EDPS: Alternative business models are needed Powered by WPeMatico
The complainant has requested a copy of the arrangements with the Permanent Secretary and Cabinet Office to ensure that processes were in place to prevent any conflict of interest between Lord Theodore Agnew’s ministerial role and his charitable interests. The Commissioner’s decision is that the Department for Education (DfE) has correctly applied the exemptions at…
The complainant has requested information associated with the Crossrail 2 project: a list of residential property in the 2015 Safeguarding zone and a Safeguarding map. Transport for London (TfL) has released the list of properties, directed the complainant to where particular maps are published and released the part of the Safeguarding map that includes the…
The complainant has requested information from the public authority relation to a Compulsory Purchase Order to acquire the leasehold interests in the properties on Bacton Low Rise Estate. The public authority refused to comply with the request on the basis of the exception at regulation 12(4)(b) EIR (manifestly unreasonable request). The Commissioner concluded that the…
The complainant requested various copies of Cabinet/Board Meeting minutes in respect of the proposed Wylfa Newydd nuclear power station project on Anglesey. The Welsh Government initially refused the request in its entirety relying on regulation 12(4)(e) of the EIR on the basis that the information involves the disclosure of internal communications, however, it subsequently disclosed…
The complainant has asked the Ministry for Housing, Communities and Local Government (“MHCLG”) for copies of communications between Sajid Javid and Brian Martin concerning Grenfell Tower and fire safety standards for building materials. Having initially refused the complainant’s request in reliance on section 35 of the FOIA, the MHCLG altered its position to one where…
The complainant requested information in relation to financial sanctions on individuals and entities from the Syrian Arab Republic. The public authority withheld the information held within the scope of the request relying on the exemption at section 44(1)(b) FOIA (prohibitions on disclosure). The Commissioner concluded that the public authority was entitled to rely on the…
The complainant has requested information with regards to a brown bin scheme. North Hertfordshire District Council (the council) refused the request under regulation 12(4)(b) of the EIR as it considered it to be manifestly unreasonable because of the time and resources that would be required for it to respond. The Commissioner’s decision is that regulation…
The complainant has requested information from Sandwell Metropolitan Borough Council (‘the council’) regarding allegations made into the conduct of a councillor and the investigation and report that followed. The request included interview statements, correspondence and communications between named and unnamed individuals. Although the council provided some information, the majority of it was withheld under section…
The complainant on two occasions has requested from Essex County Council information relating to correspondence between a group of individuals and the Council regarding a planning application. The Council provided some redacted information citing section 40(2) of the FOIA and stated that it did not hold the remainder of the information requested. The Commissioner’s view…
The complainant made two requests for information regarding several meetings. The Commissioner’s decision is that the Canal & River Trust was entitled to rely on Section 14 to refuse both requests. The Commissioner also is satisfied that, on the balance of probabilities, the Trust did issue its refusal notice in respect of Request 1 on…
Belgium v Commission State aid The General Court annuls the Commission’s decision concerning tax exemptions granted by Belgium by means of rulings Powered by WPeMatico
Milivojević Area of Freedom, Security and Justice A national law cannot invalidate, by a retroactive, general and automatic rule, credit agreements concluded with foreign lenders which were not authorised to provide credit services in that Member State Powered by WPeMatico
EDPB advises on Brexit implications for data transfers and BCRs Powered by WPeMatico
The complainant has requested information relating to a peer review of Greater Manchester Police carried out by the Metropolitan Police Service (MPS). The Commissioner’s decision is that the MPS failed to complete its deliberations on the balance of the public interest within a reasonable time and therefore breached section 17(3) of the FOIA. The Commissioner…
The complainant requested a copy of an investigative report referred to in a particular press release. Cardiff University (‘the University’) stated that the information requested was exempt under section 40(2) of the FOIA. The Commissioner’s decision is that the University has correctly applied section 40(2) of the FOIA to the information held relevant to the…
The complainant has requested the total number of individuals under the age of 17 that have been disqualified from driving in the past five years in West Yorkshire; broken down by year, age, length of disqualification, gender and area of residence. The DVLA disclosed disqualifications by year, age and length of disqualification and withheld information…
The complainant has requested information with regards to the number of recorded deaths of people who were sleeping rough or of no fixed address. Reading Borough Council (the council) initially refused the request under section 40 of the FOIA as it consider the information to be third party personal data. During the internal review, the…
The complainant has requested information from the Department of Health (DoH) in relation to health services. The DoH applied sections 14(1) and 14(2) of the FOIA to the complainant’s request. The Commissioner’s decision is that the DoH has correctly applied section 14 (2) of the FOIA to the requested information. The Commissioner has also decided…
The complainant requested a copy of a Crime Reduction Report from Humberside Police (“HP”). HP initially advised the complainant that it was exempt from disclosure under section 22 (information intended for future publication) of the FOIA. Following internal review it advised her that it was exempt from disclosure under section 21 (information reasonably accessible by…
The complainant requested information from the Crown Prosecution Service (CPS) relating to the total costs to date of external counsel in a specified court case. The CPS initially denied holding any information within the scope of the request. During the Commissioner’s investigation, it located and disclosed some relevant information to the complainant. The Commissioner’s decision…
The complainant requested information from the Ministry of Justice (MOJ) relating to its contract with Interserve for HMP Berwyn. The Commissioner’s decision is that the MOJ has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The…
The complainant requested a copy of a data retention policy and a unpopulated copy of a spreadsheet. The Commissioner’s decision is that the London Borough of Enfield (“the London Borough”) failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner requires the London Borough…
Serendipity and Others v EUIPO – CKL Holdings (CHIARA FERRAGNI) Intellectual and industrial property The General Court annuls EUIPO’s decision refusing registration of the figurative mark ‘Chiara Ferragni’ as an EU trade mark Powered by WPeMatico
Bogatu Social security for migrant workers Under EU law it is not necessary that a person pursue an activity as an employed person in a Member State in order to be entitled to family benefits in respect of his children living in another Member State Powered by WPeMatico
Entry into office of a new Advocate General at the Court of Justice Powered by WPeMatico
Austria v Germany Citizenship of the Union Advocate General Wahl proposes that the Court of Justice should dismiss Austria’s action against the new German motorway charge Powered by WPeMatico
CCOO SOPO Advocate General Pitruzzella proposes that the Court find that undertakings are under an obligation to introduce a system for measuring the actual number of hours worked each day Powered by WPeMatico
The complainant has requested copies of information exchanged in correspondence between the Nursing and Midwifery Council (NMC) and two nursing homes about which he had submitted a complaint. The NMC stated that the information, if held, would engage either section 40 or 42 of the FOIA. The Commissioner’s decision is that the NMC has incorrectly…
Facebook’s conduct “exploitative abuse” says Germany’s competition regulator Powered by WPeMatico
The complainant requested information held by Warwick District Council (the council) relating to planning enforcement action taken in respect of a particular property. The council withheld the information requested in its entirety under regulation 13 of the EIR. The Commissioner’s decision is that the council correctly withheld personal information under regulation 13(1) but as it…
The complainant has requested from Stratford-on-Avon District Council a copy of an email together with attachments sent to it by a private individual in relation to a potential planning control matter. Stratford-on-Avon District Council withheld the requested information in its entirety under regulations 12(3), 12(5)(b) 12(5)(f) and 13(1) of the EIR. The Commissioner’s decision is…
The complainant has requested information relating to a planning application. Hertsmere Borough Council confirmed that some of the information was not held and withheld other information under the exceptions for interests of the information provider (regulation 12(5)(f) and internal communications (regulation 12(4)(e)). During the Commissioner’s investigation the council dropped its reliance on regulation 12(4)(e) but…
The complainant has requested various items of information in respect of the Welsh Government’s direct engagement with Horizon Nuclear Power Limited and Hitachi Limited commencing September 2014 to date and concerning the proposed Wylfa Newydd development. The Welsh Government refused the request by virtue of section 12 FOIA and regulation 12(4)(b) EIR. The Commissioner’s decision…
The complainant has requested information relating to the Senior Manager Review. The BBC refused to comply with the request under section 12 FOIA. The Commissioner’s decision is that the BBC was correct to apply section 12 FOIA and that it was not therefore obliged to comply with the request. The Commissioner also considers that the…
The complainant has made a request for information relating to contracts and change form. The Commissioner’s decision is that NHS England has failed to respond to the complainant’s request within 20 working days of receipt and has therefore breached section 10(1) of the FOIA. The Commissioner requires NHS England to provide the complainant with a…
The complainant has requested information with regards to a Tree Preservation Order (TPO) and his property. The council initially provided some information, but stated no information was held to part of the request. During the Commissioner’s investigation, the council located the remaining information to the request. The Commissioner’s decision is that the council breached regulation…
The complainant has submitted a request for information to East Riding of Yorkshire Council about the Council’s cooperation with Hull City Council under the Local Plan. The Commissioner has previously issued a decision notice in which she found that the Council had not responded to this request in accordance with the EIR, and required the…
The complainant has requested the University of Leicester (the university) to disclose the distribution of scores given to professors in the department of Neuroscience, Psychology and Behaviour (the department) during the review undertaken by the Senior Staff Pay Committee. The university refused to disclose the information citing section 40(2) of the FOIA. The Commissioner’s decision…
The complainant has requested a report into the performance of the Interim Executive Board (IEB) of a named school. The Department for Education (DfE) disclosed some information but refused to disclose the report in its entirety under the exemptions provided by section 36(2)(c) – otherwise prejudice the conduct of public affairs, and s40(2) – third…
EU considers the possibility of legislating for Artificial Intelligence Powered by WPeMatico
Mutual EU-Japan adequacy decision now in force Powered by WPeMatico
Google fined €50 million in France for GDPR breach about consent Powered by WPeMatico
The complainant requested from Cambridgeshire County Council (the Council) information regarding details of Blue Badge appeals. The Council refused the request under the exemptions provided by sections 40(2) (personal information) and section 41(1) (information provided in confidence) of the FOIA. The Commissioner’s decision is that the Council correctly withheld some of the requested information under…
The complainant has requested a copy of a signed transfer agreement for the transfer of ownership of a war memorial between Killamarsh Parish Council (“the Council”) and the Royal British Legion. The Commissioner’s decision is that the Council failed to respond to the request within 20 working days and has therefore breached section 1(1)(a), section…
The complainant has requested information with regards to the maintenance of a particular tree. City of Wolverhampton Council (the council) stated that no information was held and refused the request under regulation 12(4)(a) of the EIR – Information not held. The complainant is of the view that the council does hold records which would show…
The complainant has requested the names of employees in the post of Deputy Director for Disability Assessments and copies of any emails sent or received by this post holder which cite a named study. The Department for Work and Pensions (DWP) has provided the names of the post-holders and confirmed that it does not hold…
Summary wording for website: The complainant requested the number of surgeons, whose main residence is outside the EU, used by Oxford University Hospitals NHS Foundation Trust (the Trust) to perform operations at the Horton General Hospital over the financial year 2016/17, and up to 5 October 2017. The Trust confirmed that it held the requested…
The complainant has requested information relating to wide-scale health changes in North West London. He requested the supplementary assurances that were provided by North West London Collaboration of Clinical Commissioning Groups (NWL CCGs) in response to a letter ‘Shaping a Healthier Future; Next Steps’ that was sent to them by NHS England, dated 7 November…
ICO consults on its proposed Freedom of Information strategy Powered by WPeMatico
The complainant has requested information regarding the procurement of a developer to rejuvenate Lambeth Council’s Town Hall. It relied on regulation 12(5)(e) to withhold some requested information. The Commissioner’s decision is that Lambeth Council has not persuaded her that regulation 12(5)(e) allowed it to withhold requested information. Powered by WPeMatico
The complainant has requested from South Gloucestershire Council various information in connection with himself, Whale Wharf, his various companies and a number of planning applications. South Gloucestershire Council has disclosed some of the requested information but withheld the rest under Sections 41 and 43(2) of the Freedom of Information Act 2000 (the FOIA) and Regulations…
The complainant has requested information relating to Consumer Dispute Resolution Limited (CDRL’s) application to Ofgem for provide Alternative Dispute Resolution (ADR) services for consumer complaints. The Commissioner’s decision is that Ofgem has correctly applied section 44(1)(a) of the FOIA to the withheld information. The Commissioner does not require Ofgem to take any steps as a…
The complainant has requested information relating to the serving of an Abatement Notice. Adur and Worthing Councils initially handled the request under the FOIA, disclosing some information and withholding other information under exemptions. Following the Commissioner’s involvement the public authority reconsidered the request under the EIR, disclosing further information and withholding other information under the…
The complainant has requested information associated with reconsideration hearings. Transport for London (TfL) refused to comply with the request which it categorised as vexatious under section 14(1) of the FOIA. TfL has subsequently confirmed that, notwithstanding its reliance on section 14(1), it considers the requested information is exempt from release under section 31(2)(c) (law enforcement)…
The complainant has requested statistics about “hate speech” from Staffordshire Police (“SP”). SP has advised that to comply with the request would exceed the cost limit at section 12(1) of the FOIA. The Commissioner’s decision is that section 12(1) is properly cited and that appropriate section 16(1) advice and assistance has been provided. No steps…
The complainant requested information from NHS Nene Clinical Commissioning Group (“the CCG”) about names and job/role title of all the CCG staff. As a response has been issued, the Commissioner does not require the CCG to take any further steps. Powered by WPeMatico
The complainant submitted a request to the Department for International Development (DFID) for information about work commissioned by the then Secretary of State, Priti Patel, about a humanitarian and development partnership between Israel and the UK. DFID confirmed that it held information falling within the scope of the request but sought to withhold it on…
The complainant has requested information in relation to the number of complaints made by members of the House of Commons staff about the behaviour of the Speaker of the House of Commons, John Bercow, within a specified period. Relying on sections 40(5B)(a)(i) and 41(2) FOIA, the public authority neither confirmed nor denied holding the requested…
The complainant requested information from NHS England about travel expenses incurred in the financial year 2017/2018 including how many trips were paid for, total cost of trips, most expensive trip, specifically what class of travel and destinations/departure points. The Commissioner’s decision is that NHS England has breached section 10 (1) of the FOIA in that…
The UK will have to renegotiate data protection relationships with EEA countries Powered by WPeMatico
The complainant has requested reports related to a planning application related to Highthorn Surface Mine. The Ministry of Housing, Communities and Local Government (“MHCLG”). MHCLG disclosed some information but withheld the remainder citing regulation 12(3) (by virtue of regulation 13) and regulation 12(4)(e) as its basis for doing so. It upheld this at internal review.…
The complainant has requested information relating to an investment by Trinity College into a redevelopment project by Quantum Group. The complainant asked for updates to the College by the Quantum Group and minutes of investment meetings. The College disclosed some information but made redactions on the basis of section 41, 43 and 36 of the…
The complainant has requested information from Royal Museums Greenwich (“the Museum”), an organisation which comprises the National Maritime Museum, the Cutty Sark, the Royal Observatory and The Queen’s House, about individuals who have been banned from the Museum’s membership scheme and banned from its grounds and premises. The Commissioner’s decision is that the Museum correctly…
The complainant has requested the emails received by a named inbox which relate to whistleblowing. The Department for Work and Pensions (DWP) is relying on the exemption at section 36(2)(c) to withhold the information. The Commissioner’s decision is that DWP is entitled to rely on section 36(2)(c) to withhold the requested information and that, in…
The complainant has submitted a number of requests for information to Lancaster City Council, which relate to the Council’s compulsory purchase of land at Luneside East, Lancaster. The Council has provided the complainant with some information which is relevant to some parts of his requests, however, it now relies on section 14(1) of the FOIA…
The complainant has requested information about the sale of Blackpool Airport and adjacent land. The Council considered the request under the EIR, answering one question but refusing the remainder under various regulations. Upon completion of the review, the Council released some information. By the end of the Commissioner’s investigation the Council was still relying on…
The complainant has requested information on the steps involved with the process of validation to assess the strength and credibility of any nomination for honours or awards. The Cabinet Office disclosed some of the information held within the scope of the request and withheld the remainder relying on the exemptions at sections 37(1)(b) and 31(1)(g)…
The complainant has requested information relating to the closure of ‘Woodlands Academy’. The Commissioner’s decision is that Department for Education (DfE) correctly applied sections 36(2), 43(2) and 40(2) at the time of the request. As the DfE disclosed all the requested information aside from third party personal data, at a later date the Commissioner does…
The complainant submitted two requests to Leeds City Council (the Council) seeking information copies of emails sent to, or received by, the Council’s Chief Executive and the Leader of the Council about the issue of devolution in Yorkshire. The Council initially disclosed some information to the complainant but sought to further information on the basis…
The complainant requested information about broadband availability for specific postcodes. The Welsh Government disclosed the information requested, however, the Complainant considered more was held. During the course of the Commissioner’s investigation the Welsh Government disclosed some additional information. The Commissioner’s decision is that, on the balance of probabilities, the Welsh Government does not hold any…
Rimšēvičs v Latvia Law governing the institutions Advocate General Kokott proposes that the Court should rule that, by suspending the Governor of the Bank of Latvia from office, the Republic of Latvia has failed to fulfil its obligations Powered by WPeMatico
Fashion ID PDON Advocate General Bobek: the operator of a website embedding a third party plugin such as the Facebook Like button, which causes the collection and transmission of the users’ personal data, is jointly responsible for that stage of the data processing Powered by WPeMatico
Berlusconi and Fininvest Freedom of establishment The Court of Justice alone has jurisdiction to determine whether the legality of the ECB’s decision opposing the acquisition by Fininvest and Mr Berlusconi of a qualifying holding in Banca Mediolanum is affected by any defects vitiating the preparatory acts by the Banca d’Italia Powered by WPeMatico
Commission v Poland Principles of Community law Poland must immediately suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges Powered by WPeMatico
Hamas v Council External relations The General Court dismisses the action brought by Hamas against the decisions to maintain the freezing of its funds as an entity involved in acts of terrorism Powered by WPeMatico
Government issues draft data protection legislation to deal with Brexit Powered by WPeMatico
The complainant requested information from Rotherham Metropolitan Borough Council (“the Council”) relating to briefing notes prepared for liaisons or quarterly meetings with local MPs. The Council withheld the information under section 36(2) of the FOIA because it considered that disclosure would prejudice the effective conduct of public affairs. The Commissioner’s decision is that the exemption…
The complainant submitted a request to the Foreign and Commonwealth Office (FCO) for information related to the Secretary of State’s decision not to block Bermuda’s Domestic Partnership Bill. The FCO withheld the information falling within the scope of the request on the basis of sections 27(1)(a) and 27(2) (international relations); 35(1)(a) (formulation and development of…
In a two part request, the complainant has requested information about loans and interest rates associated with the Mersey Tunnels. Merseytravel has confirmed that it does not hold information related to part 1 of the request and has released some information related to part 2. The complainant disputes that Merseytravel has released to him all…
The complainant requested information relating to an alleged incident involving a named individual. Kent Police provided links to some relevant information. It refused to confirm or deny holding the information requested at parts 1, 2 and 6 of the request, citing sections 30(3) (investigations and proceedings), 40(5) (personal information) and 24(2) (national security). The Commissioner’s…
The complainant has requested copies of various documents relating to administration and management. The Commissioner’s decision is that Borden Grammar School was entitled to rely on Section 14 of the FOIA (Vexatious) to refuse the request. However, it failed to issue an adequate refusal notice and has thus breached Section 17 of the FOIA. The…
The complainant has requested information in relation to abuse of process. Northumbria Police explained that it did not hold the requested information. The Commissioner’s decision is that Northumbria Police was correct to state that it does not hold the requested information. However, the Commissioner considers that Northumbria Police has breached section 10(1) (Time for compliance)…
The complainant requested a copy of all the responses received in relation to the Government’s consultation exercise on possible options for reporting and acting on child abuse and neglect. The Home Office withheld the requested information, citing section 35(1)(a) (the formulation or development of government policy) of FOIA. The Commissioner’s decision is that section 35(1)(a)…
The complainant has requested information about mobile phone extraction from Hampshire Constabulary (“HC”). HC advised her that it considered the request to be vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that the request is not vexatious and she requires HC to either disclose the requested information or issue a fresh response,…
The complainant has requested information about mobile phone extraction from Thames Valley Police (“TVP”). TVP advised her that it considered the request to be vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that the request is not vexatious and she requires TVP to either disclose the requested information or issue a fresh…
The complainant has requested from Breckland Council information in relation to a planning application consisting of all and any correspondence between the applicant and the Council. The Council responded to the complainant stating that it did not hold information within the scope of the request. The Commissioner’s decision is that the Council has breached Regulation…
The complainant has requested information from the Youth Justice Agency (“YJA”) regarding a contract for the provision of communication services and also regarding active grievances within JJC (Juvenile Justice Centres). The YJA disclosed some information to the complainant in relation to the contract, however it withheld some information, citing section 43(2) of the FOIA as…
The complainant has requested information considered at a council meeting regarding the disposal of a piece of council-owned land for development. Solihull Metropolitan Borough Council (SMBC) disclosed most of the information falling within scope of the request, apart from a small amount of financial information, which it said was exempt from disclosure under regulation 12(5)(e)…
The complainant requested from Middlesbrough Council information consisting of emails sent to and from a specific Council officer in relation to Middlesbrough Bus Station. The Council disclosed some information and decided to withhold the remainder. The complainant, however, is unhappy that the Council did not provide the information within the time period stipulated in Regulation…
The complainant has requested copies of specific emails sent in 2012. The Department for Work and Pensions (DWP) is relying on section 12(2) of the Act to refuse to comply with the request. The Commissioner’s decision is that DWP is entitled to refuse to comply with the request, and the duty to confirm or deny…
The complainant has requested information relating to the organisational structure of the Parliamentary and Health Service Ombudsman (PHSO) between April 2017 and August 2017. The Commissioner’s decision is that, on the balance of probabilities, the PHSO does hold information falling within the scope of the request. The Commissioner requires the PHSO to disclose all charts…
The complainant has requested from Norfolk County Council (the Council) information regarding incomplete CIPP streets under the current Street Lighting Private Finance Initiative (PFI) Contract. The Commissioner’s decision is that the information relates to material still in the course of completion. The regulation 12(4)(d) exception is engaged and the public interest favours withholding the information.…
The complainant has requested information from the DVA relating to Approved Driving Instructors having been removed from the register of Approved Driving Instructors for criminal convictions. The DVA disclosed some of the requested information to the complainant, however it refused to disclose the remainder, citing section 40(2) of the FOIA as a basis for non-disclosure. …
The complainant has requested information from North West Ambulance Service NHS Trust (‘NWAS’) on particular payments, NWAS’s policy on gifts and particular dates and times. NWAS said it did not hold some information, confirmed that it had made one payment and confirmed that it had previously provided the complainant with its policy on gifts. The…
Government issues key components of the Brexit ‘No Deal’ framework Powered by WPeMatico
ICO advises companies on how to prepare for a possible no-deal Brexit Powered by WPeMatico
The complainant requested various items of information in respect of the routing of the T3 TrawsCymru bus service in Wales. The Welsh Government initially provided some limited information, withheld a small amount under section 40(2) and did not respond to all items of the request as it considered some were not valid requests for information…
The complainant has requested from Bassetlaw District Council information regarding the intention of British Telecom (BT) to remove a number of payphone booths from villages within the Bassetlaw area. The Council provided the complainant with copies of two letters sent to the Council by BT. However, the complainant was of the opinion that the Council…
The complainant has submitted two requests for recorded information from Wigan Metropolitan Borough Council. The information the complainant seeks relates to a police investigation of a complaint about a dummy CCTV camera at a specified address. Having first refused the complainant’s requests in reliance on section 14(1) of the FOIA, on review, the Council determined…
The complainant requested information from Kirby Muxloe Parish Council in relation to a councillors’ audit report. The Commissioner’s decision is that the Council has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the…
Summary wording for website: The complainant has requested information about the Safeguarding Investigation Unit. The Commissioner’s decision is that Sussex Police has breached section 10(1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires Sussex Police to…
The complainant has requested information relating to the proportion of the budget for the Financial Conduct Authority’s (FCA) Payment Protection Insurance (PPI) awareness advertising campaign that went towards paying for the right to use a named celebrity’s image in that campaign. The FCA applied sections 40(2) (third party personal data) and 43(2) (commercial interests) of…
The complainant has requested information about research projects funded by named organisations in the Department of Aerospace Engineering (AERO) at the University of Bristol (the university) from1 January 2015 to the date of his request on 6 November 2017. The Commissioner’s decision is that the university is entitled to rely on section 12(1). However, she…
The complainant has requested information regarding the Department for Work and Pensions’ expenditure defending its employees in legal actions. DWP initially informed the complainant that it did not hold the requested information, however, it subsequently amended its position and relied on section 12 of the Act as identifying and collating the information would exceed the…
The complainant submitted a request to the Foreign and Commonwealth Office (FCO) seeking communications between the FCO in London and the British embassy in Washington concerning General Michael Flynn. The FCO provided the complainant with some information falling within the scope of his request but sought to withhold further information on the basis of sections…
Wightman and Others DGEN Advocate General Campos Sánchez-Bordona proposes that the Court of Justice should declare that Article 50 TEU allows the unilateral revocation of the notification of the intention to withdraw from the EU Powered by WPeMatico
Inter-Environnement Wallonie and Bond Beter Leefmilieu Vlaanderen Environment and consumers Advocate General Kokott sees grounds for taking the view that the Belgian Law on the extension of the lifetime of the Doel 1 and 2 nuclear power stations was adopted without the necessary prior environmental impact assessments Powered by WPeMatico
Klyuyev v Council External relations The application for interim measures of Mr Andriy Klyuyev, former Head of Administration of the President of Ukraine, to suspend the operation of restrictive measures, is dismissed Powered by WPeMatico
Shindler and Others v Council Law governing the institutions Brexit: the application for annulment of the decision authorising the opening of Brexit negotiations, brought by thirteen British citizens who live in EU Member States other than the UK, is inadmissible Powered by WPeMatico
Meeting of Judges of the Member States at the Court of Justice of the European Union Powered by WPeMatico
The complainant has requested some information from Cambridgeshire County Council (“the Council”) regarding the number of outstanding invoices from different local and non-local suppliers. The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached Section 10 of the FOIA. The Commissioner requires the…
The complainant has requested various items of legal advice provided to the Vale of Glamorgan’s Planning Department in respect of a dangerous structure at the border of his garden. The Vale of Glamorgan Council refused the request in reliance on regulation 12(5)(b) of the EIR. The Commissioner’s decision is that the Vale of Glamorgan Council…
The complainant requested information about a specific planning enforcement case. The Council withheld the information requested under regulation 12(5)(b) of the EIR. During the course of the Commissioner’s investigation, as a result of the passage of time, the Council disclosed the information it originally withheld. The Commissioner’s decision is that the Council breached regulation 5(2)…
The complainant requested information regarding planning compliance with National Grid defined safety protocols. Carmarthenshire County Council (‘the Council’) provided some information and applied regulation 6 of the EIR to one part of the request. During the course of the Commissioner’s investigation the Council disclosed some additional information relating to the request. The Commissioner’s decision is…
The complainant requested information from Brighton and Hove City Council (“the Council”) relating to the development of a site at the former St Aubyn’s School, Rottingdean. The Council provided some of the information that was requested to the complainant, but withheld some viability reports and associated information under the exceptions at regulation 12(4)(d) – information…
The complainant has requested information from Westminster City Council in relation to the redevelopment proposal for Church Street Estate. The two requests were processed under two separate reference numbers. In respect of the first request Westminster City Council responded by providing the complainant with five documents and they refused the second request under section 14(2)(repeat…
The complainant has requested information relating to due diligence correspondence in respect of the Palestine Expo 2017: Generation Palestine event at the Queen Elizabeth II Conference Centre. The public authority refused to provide this citing section 36 (prejudice to the effective conduct of public affairs) and section 43 (prejudice to commercial interests) as its basis…
The complainant requested information about the re-positioning of a particular communications cabinet. The Council provided some information and stated other information was not held. The Council disclosed additional information at the time of the internal review and during the Commissioner’s investigation The Commissioner’s decision is that, on the balance of probabilities, the Council does not…
The complainant requested copies of specific emails and meeting notes. The Welsh Government provided some information and withheld other information under sections 35(1)(c), 40(2) and 42 of the FOIA. The Commissioner’s decision is that the Welsh Government has correctly applied section 35(1)(c) to the withheld information. She does not require any steps to be taken.…
The complainant has requested the materials provided to the Independent Parliamentary Standards Authority (IPSA) by the European Research Group (ERG) in relation to the 2015-2016 Assurance Review of Pooled Services (updated in June 2017) undertaken by IPSA. IPSA originally withheld the information under section 43(2) – prejudice to commercial interests. However during the internal review…
The complainant has requested information with regards to a complaint he had made. Oxfordshire County Council (the council) provided the information it held, but redacted the names of two council employees, due their names being third party personal data. The council initially relied on regulation 13 of the EIR to refuse the request, then later…
The complainant requested information held by Woking Borough Council (the council) that relates to the redevelopment of Victoria Square. The council refused to provide some information, citing the exception for commercial confidentiality (regulation 12(5)(e)) under the EIR. The Commissioner’s decision is that regulation 12(5)(e) has been correctly applied to only some of the information but…
The complainant has requested a number of reports submitted to Ofgem by Drax Power Limited (Drax), including annual Sustainability Audit Reports. Ofgem provided some of the requested information including redacted versions of three Annual Sustainability Audit Reports. The majority of the information redacted from these reports was withheld under the exception provided by regulation 12(5)(c)…
The complainant has requested information relating to Air Accidents Investigation Branch (AAIB) staff surveys. The Commissioner’s decision is that the exemption at section 36(2)(c) is not engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information. The public authority must take these steps…
The complainant requested copies of documents created as a result of a previous information request. The Commissioner’s decision is that the Foreign & Commonwealth Office has failed to complete its deliberations on the balance of the public interest within a reasonable time period and has therefore breached Section 17(3) of the FOIA. The Commissioner requires…
The complainants have requested information on the design, siting, access arrangements and management of a traveller site in their local area. The council disclosed information but the complainants argued that further information was held by the council. During the course of the Commissioner’s investigation further information was disclosed to the complainants (subject to redactions under…
The complainant requested information about a particular incident that occurred in Area 9 on the M40, which Highways England’s contractor, Kier Highways, attended. The Commissioner’s decision is that Highways England has correctly applied section 14(1) of the FOIA. However, Highways England breached section 10(1) by providing its refusal notice outside of the time for compliance.…
The complainant requested information about severance agreements. The Commissioner’s decision is that Birmingham City Council failed to issue its response within 20 working days and therefore breached Section 10 of the FOIA. As the information has now been provided, the Commissioner does not require the Council to take any further steps. Powered by WPeMatico
Spain approves GDPR-style law but not yet in force Powered by WPeMatico
The complainant has requested information from the Royal Borough of Kensington and Chelsea (the Royal Borough). The Royal Borough has failed to respond to the request; therefore the Commissioner’s decision is that the Royal Borough has failed to comply with section 5(2) of the EIR. The Commissioner requires the Royal Borough to Issue a substantive…
The complainant requested from Essex County Council (the Council) information relating to highways work carried out at Brook Street, Colchester during 2016.The Commissioner’s decision is that the exception at regulation 12(4)(e) (internal communications) is engaged in this case. However, the balance of the public interest favours disclosure of the information. The Commissioner requires the Council…
The complainant has requested information relating to the decision not to extend a petroleum exploration licence granted to Xcite Energy Resources for Bentley Field and to subsequently grant a 4 year licence extension for the same field to Whalsay Energy Limited a company owned by the holders of the bonds in Xcite Energy Resources. The…
The complainant submitted a request to the Cabinet Office for a report generated as a result of a lessons learned exercise into the ‘Exemplar Programme’, a project concerning the transformation of digital services. The Cabinet Office located a PowerPoint presentation as falling within the scope of this request and initially withheld it on the basis…
The complainant requested information from South Northamptonshire Council (the Council) relating to planning application for a wind turbine and the court proceedings which resulted from that application. The Council provided some information within the scope of the request but refused to provide the remainder citing regulations 12(4)(e) (internal communications) and 12(5)(b) (the course of justice)…
The complainant has requested information on a review into the funding of Islamist extremism in the UK. The Commissioner’s decision is that the Cabinet Office has appropriately relied on section 23 FOIA (Information supplied by, or relating to, bodies dealing with security matters) to withhold the requested information. She however finds the public authority in…
The complainant has requested information relating to the so-called “Chennai Six”. The Foreign and Commonwealth Office (“FCO”) refused to provide it citing provisions of section 27 (prejudice to international relations) and section 40 (unfair disclosure of personal data) as its basis for doing to. It upheld this at internal review. The Commissioner’s decision is that…
The complainant has requested copies of project assurance review reports for 3 major government projects, namely, Tax-Free Childcare, Columbus (IT delivery project) and, Customs Declaration Service. The public authority withheld the requested information relying on the exemptions at section 36(2)(b) and section 36(2)(c) FOIA. The Commissioner concluded that public authority was entitled to rely on…
The complainant has requested from Hampshire County Council information consisting of emails, minutes, internal memos, reports and maps which make reference to “Ranvilles Lane” . The Council considered that responding to the request would place a substantial and unreasonable burden on its resources and therefore refused the request as manifestly unreasonable, citing Regulation 12(4)(b) of…
The complainant requested from Liverpool City Council (the Council) information regarding the proposed closure of Dale Street and Old Haymarket car parks. The Commissioner’s decision is that the Council has correctly cited section 43(2) (commercial interests) of the FOIA as the balance of the public interest favours maintaining the exemption. Therefore, the Commissioner does not…
DP law takes leading position in Political Declaration on future EU/UK relationship Powered by WPeMatico
The complainant has requested information on the file PREM 19/2368 NIGERIA regarding the attempted abduction of former Minister Umani Dikko. The Commissioner’s decision is that the Cabinet Office has appropriately withheld some of the requested information in reliance of section 23(1) and 27(1)(a)(c) & (d) FOIA. The Commissioner does not require the public authority to…
The complainant has requested information regarding the disclosure of an unredacted diplomatic cable. The Commissioner’s decision is that the Department for International Trade (‘DIT’) appropriately relied on section 36(2) – Prejudice to effective conduct of public affairs – to withhold the information in the scope of the request. The Commissioner does not require the public…
the Prime Minister’s visit to the US in January 2017 shortly following the inauguration of President Trump. Relying on sections 27(4) and 36(3) FOIA, the public authority neither confirmed nor denied holding the requested information. The Commissioner concluded that the public authority was not entitled to rely on sections 27(4) and 36(3) FOIA. The Commissioner…
The complainant submitted a request to the Foreign and Commonwealth Office (FCO) seeking communications between the FCO in London and the British embassy in Washington which contained the keywords ‘Twitter’, ‘tweets’, or ‘Britain First’ and were sent between 29th November 2017 and 13th December 2017. The FCO provided the complainant with some information falling within…
The complainant made a freedom of information request to NHS England for the minutes of a meeting concerning his deceased partner’s treatment and other related matters. He received no response. When contacted by the Commissioner to ask why there had been no response, the public authority initially informed her that it had not received the…
The complainant has requested information about the decision by Lancashire County Council to withhold reimbursement payments to a bus company. The Council responded that all held information had been previously disclosed in 2012, and that some outstanding information was withheld under section 41. The Commissioner’s decision is that the Council has failed to fully consider…
The complainant has requested a copy of an information notice. The ICO provided the complainant with a redacted copy of the information he had requested. The redactions were made under section 31(1)(g) with subsection (2)(a) and (c) and 40(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the ICO has…
The complainant has requested information about any complaints made against a named officer employed by Hampshire County Council. The Council refused to comply with the request, and stated that it relied upon section 40(2) to do so. The Commissioner’s decision is that the exemption provided by section 40(5)(b)(i) is engaged, as the confirmation or denial…
The complainant has requested information held by the Cabinet Office relating to the Care Quality Commission between specified dates. The Cabinet Office originally refused the request under section 12 (cost limit), but during the course of the Commissioner’s investigation sought to rely on section 14 (vexatious request) instead. The Cabinet Office claimed that section 14…
The complainant has requested information relating to the background checks undertaken for the former Chief Executive of the Education Fellowship Trust and correspondence and communication between the DfE, the Education Skills Funding Agency (ESFA) and the regional commissioners between January and the end of March 2017 with regard to any discussions or proposals that deal…
Finland updates its DP law according to the GDPR Powered by WPeMatico
UK government adopts draft Brexit withdrawal agreement Powered by WPeMatico
UK governments adopts draft Brexit withdrawal agreement Powered by WPeMatico
ICO prosecution results in a first-ever prison sentence Powered by WPeMatico
The complainant has requested information regarding the redevelopment of Basingstoke Leisure Park. Basingstoke and Deane Borough Council withheld information on the basis of regulation 12(5)(e) – commercial confidentiality and regulation 12(4)(b) – manifestly unreasonable on the grounds of cost. The Commissioner’s decision is that Basingstoke and Deane Borough Council has correctly applied regulation 12(5)(e), 12(4)(b),…
ICO plans to fine Eldon Insurance and Leave.EU for breach of marketing regulations Powered by WPeMatico
Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission Competition The President of the General Court rejects the application of Crédit agricole and JPMorgan Chase to prevent publication of the Commission decision regarding the EURIBOR cartel Powered by WPeMatico
Devin v EUIPO – Haskovo (DEVIN) Intellectual and industrial property DEVIN, the name of a Bulgarian town, can be registered as an EU trade mark for mineral water Powered by WPeMatico
Funke Medien NRW Freedom of establishment According to Advocate General Szpunar, a simple military report cannot enjoy copyright protection Powered by WPeMatico
Sciotto SOPO Workers in the sector of activity of operatic and orchestral foundations cannot be excluded from protection against the abuse of fixed-term employment contracts Powered by WPeMatico
Commission v Poland Poland must immediately suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges Powered by WPeMatico
The complainant requested information from East Lindsey District Council (the Council) regarding rents charged for the Council’s kiosks/retail units at Grand Parade Entrance to Tower Gardens, Skegness. The Commissioner’s decision is that the Council has correctly engaged section 43(2) (commercial interests) as the balance of the public interest favours maintaining the exemption. Therefore, the Commissioner…
The complainant has requested information concerning ambulance journeys taken by the complainant and her mother and a particular report concerning the complainant’s mother. West Midlands Ambulance Service NHS Foundation Trust (‘WMAS’) withheld the requested information under section 40(2) of the FOIA as it considered it to be the personal data of third persons. The Commissioner’s…
The complainant has requested a copy of the process which the Parish Council uses to conduct internal reviews of information requests. The Commissioner’s decision is that Potto Parish Council’s response did not amount to discharging its duty under Section 1 of the FOIA and it therefore breached Section 1 of the FOIA. As the Commissioner…
The complainant has requested information from the Cabinet Office regarding the Iraq Inquiry. The Cabinet Office stated that it does not hold any further information to that previously provided to the complainant. In addition it subsequently relied on section 21 (information reasonably accessible to the applicant) since it had provided the complainant with the relevant…
The complainant has requested pre-planning application information relating to a specific planning application. The Commissioner’s decision is that the London Borough of Croydon (“the London Borough”) has now disclosed all the information within the scope of the request. However she also finds that the London Borough failed to issue an adequate refusal notice and therefore…
The complainant requested information from Waverley Borough Council (“the Council”) relating to the Waverley Borough Council Local Plan. Specifically, he wished to be provided with correspondence between the Planning Inspectorate and the Council between particular dates. The Council disclosed some of the correspondence during the course of the Commissioner’s investigation. The Commissioner’s decision is that…
The complainant requested information about reviews and assessments carried out on systems within South Wales Police’s Data Protection Department. Following clarification of the request South Wales Police stated that it did not hold any information. The Commissioner’s decision is that, on the balance of probabilities, South Wales Police does not hold any recorded information relevant…
The complainant has requested information in relation to a property transaction between the public authority and Elim Pentecostal Church. The public authority revealed that it had published most of the information in scope save a small amount of financial information in connection to the value of the properties. It considered this information exempt on the…
The complainant has requested information about application for readerships at Edge Hill University over the last six years. The University disclosed some information to the complainant but considered it could not comply with the remaining parts of the request – information on research funding, research-based articles and supervision – without exceeding the appropriate cost limit…
The complainant has requested information relating to a review of waiting list times at the Trust. The Commissioner’s decision is that North Lincolnshire and Goole NHS Trust (the Trust) has correctly applied section 36(2)(c) – prejudice to the effective conduct of public affairs, but that the public interest favours disclosure. She further finds that section…
ICO confirms Facebook’s £500,000 fine and is to give evidence in Parliament on political influencing Powered by WPeMatico
DPAs debate data ethics in Brussels at their 40th Conference and adopt AI declaration Powered by WPeMatico
The complainant has requested information relating to the questions set for the driving theory test. The Commissioner’s decision is that Driving and Vehicle Standards Agency (DVSA) has correctly cited section 14(1) of the FOIA in response to the request. The Commissioner does not require the public authority to take any steps as a result of…
The complainant has requested information relating to inspections and assessments of veterinary premises. The Commissioner’s decision is that Veterinary Medicines Directorate (VMD) has not applied section 31 correctly. The Commissioner requires VMD to provide the complainant with a copy of the inspection report for the closed practice. VMD must take these steps within 35 calendar…
The complainant has requested a copy of legal advice which the council holds relating to Warwick Racecourse. The council provided a redacted copy of the advice to the complainant however the majority of the advice was redacted on the basis that the exception in Regulation 12(5)(b) applied. The Commissioner’s decision is that the council was…
The complainant has requested from Newcastle City Council information in relation to penalty charge notices (PCNs) issued for vehicles in John Dobson Street. The Council provided the complainant with some information. For the remainder the Council applied section 12(1) of the FOIA on the basis that it had estimated that responding to the request would…
The complainant has requested patient level data associated with the PACE trial. The position of King’s College London (KCL) is that it does not hold the requested information. The Commissioner’s decision is as follows: Under section 1(1)(a) of the FOIA KCL cannot be said to hold the information the complainant has requested. The Commissioner does…
The complainant has requested information transferred to the Public Records Office of Northern Ireland (PRONI), part of the Department for Communities. The Commissioner’s decision is that the FOIA does not provide for a public authority to deal with requests for transferred public records in the absence of the appropriate Northern Ireland Minister. This means that…
The complainant has requested all information Ofsted holds in relation to a particular school in Surrey between specified dates. The complainant asked for this to include (but not be limited by) all emails sent or received, all complaints and all child safety issues raised. Initially Ofsted refused to confirm or deny whether it holds the…
The complainant has requested the patient access schemes/ commercial access agreements for two specified drugs. NHS England withheld the requested information under section 43(2) FOIA. The Commissioner considers that NHS England has correctly applied section 43(2) FOIA to the withheld information. The Commissioner requires no steps to be taken. Powered by WPeMatico
The complainant has requested information transferred to the Public Records Office of Northern Ireland (PRONI), part of the Department for Communities. The Commissioner’s decision is that the FOIA does not provide for a public authority to deal with requests for transferred public records in the absence of the appropriate Northern Ireland Minister. This means that…
The complainant has requested information transferred to the Public Records Office of Northern Ireland (PRONI), part of the Department for Communities. The Commissioner’s decision is that the FOIA does not provide for a public authority to deal with requests for transferred public records in the absence of the appropriate Northern Ireland Minister. This means that…
EDPB dealing with 162 cross border cases but no fines issued as yet Powered by WPeMatico
The complainant has requested the name and job title of the most senior member of staff present at the meeting where the decision was made to appoint a temporary operator at the St Leonards on Sea Post Office. The Commissioner’s decision is that Post Office Limited (Post Office) has incorrectly applied section 40(2) of the…
The complainant has requested all information held by the DVLA on a specific named individual. The DVLA refused to confirm or deny if information was held by virtue of section 41(2) of the FOIA. The Commissioner’s decision is that the DVLA has correctly applied the exclusion from the duty to confirm or deny if information…
The complainant requested information relating to the proposed development of a Garden Community. Tendring District Council (the Council) provided some information but withheld the remainder citing regulations 12(5)(b) (the course of justice), 12(5)(e) (the confidentiality of commercial information), 12(4)(d) (unfinished documents) and 13 (personal information) of the EIR. The Commissioner has investigated its application of…
The complainant requested information about a pay review. The BBC disclosed some information and withheld some information under sections 36(2)(b)(i) and (ii) and 36(2)(c) – prejudice to the conduct of public affairs and section 40 – personal data. The Commissioner is satisfied that sections 36(2)(c) and 40 are engaged in respect of all the information…
The complainant requested information about the number of times a specific councillor had objected to particular types of planning applications in a specific manner during a specified time period. The Commissioner’s decision is that the Royal Borough of Kingston upon Thames failed to respond to the request within 20 working days and has therefore breached…
The complainant has requested information relating to various council job roles relating to refuse collection within the council. The council refused the information on the basis that section 36(2) of the Act applied. The Commissioner’s decision is that the council was not correct to withhold the information under section the exemption in section 36(2)(c). The…
First significant GDPR fines in the pipeline Powered by WPeMatico
ICO to help business with innovation and Privacy by Design Powered by WPeMatico
The complainant has requested information relating to ‘person under train’ incidents. The Commissioner’s decision is that Transport for London (TfL) was incorrect to cite section 38 to withhold the requested information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information. The public authority…
The complainant has requested information from the London Borough of Barnet Council (the council) about alterations to a particular box junction. The council has disclosed some of the requested information and has stated that it holds no further information falling within the scope of the request. The Commissioner’s decision is that not all of the…
The complainant has requested information relating to pest control activity at a particular property. The Commissioner’s decision is that the London Borough of Tower Hamlets (“LBTH”) is entitled to refuse to confirm or deny whether it holds that information and can rely on regulation 13 (unfair disclosure of personal data) of the EIR as its…
The complainant’s request concerns the ‘Streets Ahead’ contract Sheffield City Council (‘the Council’) has with Amey. He has requested unredacted versions of all those schedules that had not been published at the time of his request, and for the release of the information that the Council had redacted from those schedules it had published at…
The complainant made a request to Salford City Council (the Council) for information relating Stama Development (Salford) Limited and the development of the land at Crescent Police Station, Salford. The Council refused to comply with the request under regulation 12(4)(b) EIR as it considers the request to be manifestly unreasonable and in the alternative it considers…
The complainant has requested information from the Electoral Office for Northern Ireland (“EONI”) regarding the Electoral Authorities Act 1989. The EONI stated that it does not hold any recorded information within the scope of the complainant’s request. The Commissioner’s decision is that on the balance of probabilities, the EONI does not hold any additional information…
The complainant has requested information relating to a viability report and associated documents for a site in Hastings. The council refused the request on the basis that Regulation 12(5)(e) of the EIR applies (commercial confidentiality). The Commissioner’s decision is that the council was correct to apply the exception to some of the information, however it…
The complainant has requested information about the siting of telecommunications equipment on Forsythia House. Following the Commissioner’s involvement Lewisham Borough Council (‘the Council’) released some information and its position, which the complainant disputes, is that it holds no further relevant information. The Commissioner’s decision is that, on the balance of probabilities, it is likely that…
The complainant requested information relating to a company analysis of responses to a consultation on the Gender Identity Services. NHS England (NHSE) cited section 22 (intended for future publication) of FOIA to refuse the request. The Commissioner’s decision is that NHSE correctly applied section 22(1) of the FOIA in its response to the request. The…
ICO takes action for failure to pay new data protection fee Powered by WPeMatico
Dicu SOPO A provision of national law which, for the purpose of determining the duration of paid annual leave to which a worker is entitled, does not include a period of parental leave taken by that worker complies with EU law Powered by WPeMatico
Società Immobiliare Al Bosco Srl Area of Freedom, Security and Justice The Brussels I Regulation does not preclude legislation of a Member State which provides for the application of a time limit for the enforcement of a preventive attachment order from being applied in the case of such an order which has been adopted in…
Feniks Area of Freedom, Security and Justice A creditor’s action seeking to render a fraudulent disposal of property by its debtor ineffective as regards that creditor is a ‘matter related to a contract’ within the meaning of the regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Powered by…
L.E.G.O. Environment and consumers The requirement to submit sustainability certificates imposed by Italy on intermediaries which do not take physical possession of the bioliquids which are the subject of the transaction in which those intermediaries are involved complies with EU law Powered by WPeMatico
Weiss and Others Economic policy Advocate General Wathelet proposes that the Court of Justice should rule that the decision of the ECB establishing a programme for the purchase of government bonds on secondary markets is valid Powered by WPeMatico
The complainant asked the public authority to confirm whether there were any agreements to support any rebel group prior to the overthrow of the Charles Taylor led Liberian government and for a copy of any document setting out the terms of such support. Relying on sections 27(4), 23(5) and 24(2) FOIA, the public authority neither…
The complainant has requested information with regards to an Inn and its directors, one of whom is the complainant. Minting and Gautby Parish Council (the council) provided information to the complainant, however the complainant considered more was held. The Commissioner’s decision is that the council has provided the information it holds within the scope of…
The complainant requested details of who recommended five individuals for honours. The Cabinet Office said that it only held information relating to one individual, and refused to disclose that information under section 37(1)(b) (the conferring by the Crown of an honour or dignity). The Commissioner’s decision is that the Cabinet Office does not hold information…
The complainant has requested various information regarding “compliance interviews” from the Department for Work and Pensions. It relied on section 12 (costs) to withhold requested information, the Commissioner’s decision is that it was correct to do so. Powered by WPeMatico
The complainant has requested information about Employment and Support Allowance First Tier Tribunal appeals. The DWP relied on sections 22 (future publication) and 12 (costs) not to provide the requested information. The Commissioner’s decision is that DWP reliance on the said sections was correct. Powered by WPeMatico
The complainant has requested information from Lewisham Council about housing benefit claims. Lewisham Council disclosed some information within the scope of the request and for the remainder has relied on section 12 FOIA – costs of compliance exceeds the appropriate limit. The Commissioner’s decision is that Lewisham Council is entitled to rely on section 12in…
The complainant has requested information with regards to the Bianca Statue outside the Theatre Royal, Plymouth. Plymouth City Council (the council) provided the information it held. The Complainant considered that the council had not provided everything requested. The Commissioner’s decision is that the council has provided all the information it holds relevant to the request.…
The complainant has requested information regarding Jobcentre managers visiting 10 Downing Street. The Department for Work and Pensions (DWP) initially informed the complainant that it did not hold the information, however, it subsequently relied on section 12 of the Act as collating the information would exceed the appropriate limit. The Commissioner’s decision is that DWP…
Commission v United Parcel Service Competition Advocate General Kokott suggests that the Court of Justice should confirm that the Commission’s decision prohibiting the acquisition of TNT Express by UPS should be annulled due to a procedural error Powered by WPeMatico
European Union v Gascogne Sack Deutschland and Gascogne Law governing the institutions Advocate General Wahl: the Court of Justice should set aside the judgments of the General Court by which it ordered the EU to pay compensation for material damage to a number of companies as a result of the excessive length of proceedings before…
Commission v Spain Environment and consumers On account of its delay in implementing the Urban Waste Water Treatment Directive, Spain is ordered to pay a lump sum of €12 million and a penalty payment of almost €11 million per six-month period of delay Powered by WPeMatico
Vernaza Ayovi DFON The framework agreement on fixed-term work does not mean that non-permanent workers in the Spanish public sector must be guaranteed reinstatement in the event that their disciplinary dismissal is found to be wrongful Powered by WPeMatico
AY Area of Freedom, Security and Justice The execution of a European arrest warrant cannot be refused on the ground that a decision of the Public Prosecutor’s Office has closed a criminal investigation when, during that investigation, the requested person was interviewed as a witness only Powered by WPeMatico
UK government makes a case for a legally binding data protection agreement with EU Powered by WPeMatico
Jay Fedorak appointed as Jersey’s new Information Commissioner Powered by WPeMatico
The complainant has requested information relating to the development of a draft Neighbourhood District Plan (NDP) by Steyning, Wiston, Ashurst and Bramber Parish Councils (SWAB), a cluster of four parish councils which worked together to produce the plan. The cluster eventually broke up with the NDP partially completed. The complainant asked the council for information…
The complainant requested details of an audit reported to the Public Sector Network. The Commissioner’s decision is that Wellingborough Borough Council (“the Council”) failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act. As a response has now been provided the Commissioner does…
The complainant has requested a copy of assessments that the Cabinet Office has created of UK journalists. The Commissioner’s decision is that the Cabinet Office does not hold the requested information. The Commissioner does not require the Cabinet Office to take any further steps. Powered by WPeMatico
The complainant has requested information relating to the council’s agreement with Urbaser Balfour Beatty, (UBB) to develop and run an Energy from Waste plant (an EfW) in Gloucestershire. The council disclosed the majority of the requested information, however, it applied Regulation 12(5)(e) to sections of a report “value for money and affordability analysis” written by Ernst…
The complainant has requested information from Horsham District Council (HDC) relating to the production of a Neighbourhood Development Plan by a cluster of public authorities (SWAB). HDC disclosed dome information but said that it does not hold any further relevant information. The complainant disagrees and considers that more information must be held. The Commissioner’s decision…
The complainant has requested information regarding the socioeconomic and educational backgrounds of applicants to the Government’s Fast Track scheme. The Commissioner’s decision is that the Cabinet Office was entitled to redact part of the disclosed information under section 40(2) and is entitled to withhold some of the information under section 23 and 24 in the…
The complainant has requested information relating to a disciplinary hearing he believes took place following a complaint he made to the Council. The Council refused to provide the information citing the exemptions provided by section 40(2) – third party personal data and section 41 – information provided in confidence, as its basis for doing so.…
The complainant has requested recorded information which relates to the Panshanger Gold Course at Old Herns Lane, Welwyn Garden City. The information the complainant seeks concerns health and safety assessments made at the golf course, together with detailed information about the maintenance of the golf course. The Council has provided the complainant with some information…
The complainant requested information relating to female prisoners under the supervision of a specified member of staff at HMP Bronzefield. The Ministry of Justice (MoJ) requested the request on the basis that it was vexatious and cited section 14(1) of the FOIA. The Commissioner’s decision is that the MoJ correctly applied section 14(1) of the…
The complainant has requested information relating to Oxitec UK Limited. Oxfordshire County Council refused the request, citing the exception for the course of justice (regulation 12(5)(b)) and commercial confidentiality (regulation 12(5)(e)). The Commissioner’s decision is that Oxfordshire County Council failed to provide some of the requested information in time and breached regulation 5(2), and that…
Government consults on making directors liable for nuisance calls Powered by WPeMatico
France v Parliament Law governing the institutions Advocate General Wathelet proposes that the Court should annul only the act by which the President of the Parliament declared in Brussels, and not in Strasbourg, that the general budget of the EU for 2017 was definitively adopted Powered by WPeMatico
Wirtschaftsakademie Schleswig-Holstein Approximation of laws The administrator of a fan page on Facebook is jointly responsible with Facebook for the processing of data of visitors to the page Powered by WPeMatico
Coman and Others Citizenship of the Union The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex Powered by WPeMatico
Solemn undertaking before the Court of Justice of the European Union of four new Members of the European Court of Auditors Powered by WPeMatico
Valcheva Area of Freedom, Security and Justice The notion of ‘rights of access’ includes the rights of access of grandparents to their grandchildren Powered by WPeMatico
The complainant has requested information relating to public registers of lists held by Folkestone Harbour Company (FHC). The Commissioner’s decision is that FHC does not hold the requested information. The Commissioner does not require the public authority to take any steps as a result of this decision notice. Powered by WPeMatico
The complainant has requested from the Conservators of Therfield Heath and Greens (‘the Conservators’) its full accounts or all information relating to its income and expenditure. The Commissioner has previously established that the Conservators are a public authority for the purposes of the EIR. Her decision in this case is that, if it were held,…
The complainant has requested information in relation to risk assessments conducted by different bus operators under the jurisdiction of Transport for London (TfL) for a specified period of time. TfL provided some information to the complainant, but stated that the remainder was not held. The Commissioner’s view is that the complainant’s request was not clear,…
The complainant has requested information about Winter Fuel Payments to recipients in France. The Commissioner’s decision is that the Department for Work and Pensions correctly relied on section 12 (cost limit) to refuse the request. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation. Powered by…
The complainant has requested internal communications relating to the council’s handling of his previous information requests. The council refused the request, withholding the information under the exceptions for disclosure of personal data, internal communications, and the adverse effect to the course of justice/the ability to conduct an inquiry of a criminal nature – regulations 13,…
The complainant has requested information relating to a number of transactions that took place in 2006 relating to the Compulsory Purchase Orders for the 2012 Olympics. The GLA disclosed the recorded information it holds and informed the complainant that it does not hold the remaining information. During the Commissioner’s investigation, further information was identified and…
The complainant made a freedom of information request to Redbridge London Borough Council (“the Council”) for details of its insurance premiums. The Council refused the request under the exemption in section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that the section 43(2) exemption is not engaged. Powered by WPeMatico
The complainant has requested information relating to the creation of a Food Hub near Norwich. Broadland District Council initial refused the request, citing the exemption for commercial interests – section 43(2) of the FOIA. Following the Commissioner’s involvement the public authority reconsidered the request under the EIR, disclosing some information and withholding other information under…
The complainant has alleged that the public authority has failed to respond to his information requests. The Council says it has provided all the relevant information it holds. The Commissioner’s decision is that the public authority does not hold any further information. The Commissioner does not require any steps to be taken. Powered by WPeMatico
The complainant has made two information requests in which he seeks various information about the handling of a planning complaint and associated information requests that he has made. Leeds City Council disclosed held information in response, but under the terms of the Data Protection Act 1998. The complainant subsequently contested that further information was held…
The complainant has requested information from the Department for Work and Pensions (“the DWP”) about which of its work experience schemes for people seeking employment were offered by a particular organisation. The Commissioner’s decision is that the DWP has correctly refused the request under section 12 of the FOIA as the time for compliance would…
The complainant requested information about various contracts that Kirby Muxloe Parish Council (“the Parish Council”) had entered into. The Commissioner’s decision is that the Parish Council failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act (“the FOIA”). The Commissioner requires the public…
The complainant requested information about trading licences issued for the Notting Hill Carnival. The Commissioner’s decision is that the Royal Borough of Kensington & Chelsea (“the Royal Borough”) failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act (“the FOIA”). The Commissioner requires…
The complainant has requested the number of complaints made against Frankie Boyle. The BBC explained the information was covered by the derogation and excluded from FOIA. The Commissioner’s decision is that this information was held by the BBC for the purposes of ‘journalism, art or literature’ and did not fall inside FOIA. She therefore upholds…
The complainant requested information about a lease agreement with Holland Park School. The Commissioner’s decision is that the Royal Borough of Kensington & Chelsea failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act (“the FOIA”). The Commissioner requires the public authority to…
The complainant made a request for information on 17 January 2018. The Commissioner’s decision is that the London Borough of Hackney failed to respond to the request within 20 working days and has therefore breached Section 10 of the Freedom of Information Act (“the FOIA”). The Commissioner requires the public authority to take the following…
The complainant has requested information about the CCTV camera located in Manor Road. The London Borough of Richmond upon Thames (“LBRT”) provided an explanation about how the camera works. After internal review, it provided links to more information available online. The Commissioner’s decision is that LBRT does not hold any further information within the scope…
The complainant submitted a request to the Foreign and Commonwealth Office (FCO) for documents concerning the attempted bombing of an El Al flight that was to fly out from Heathrow Airport in April 1986. The FCO provided the complainant with some of the information but withheld the remainder on the basis of section 23(1) (security…
The complainant requested information relating to a named Judge, including the number of complaints made about him. The Ministry of Justice (MoJ) confirmed it held some information within the scope of the request but refused to provide it citing section 32(1) (court records) of the FOIA. It also refused to confirm or deny holding some…
The complainant has requested information from the Home Office about the number of flexible and permanent Border Force staff. The Commissioner’s decision is that the Home Office has breached section 10 (1) of the FOIA in that it failed to provide a valid response to the request within the statutory time frame of 20 working…
Michel Barnier says no to the UK taking part in the EDPB’s One Stop Shop Powered by WPeMatico
EDPB starts work and appoints Austria’s DPA as its head Powered by WPeMatico
UK Data Protection Act receives Royal Assent and enters into force tomorrow Powered by WPeMatico
Council of Europe modernises Convention 108 Powered by WPeMatico
The countdown for the GDPR continues with several EU member state DPAs already publishing the forms that the organizations should use to communicate the contact details of their DPO. Some examples below from Belgium, France, Luxembourg and the Netherlands. France Belgium Luxembourg Nederlands Italy …..
Take part in it and make your voice heard! Powered by WPeMatico
Blogpost by Wojciech Wiewiórowski. Powered by WPeMatico
Visit the EDPS stand at the annual EU Open Day, taking place on Saturday 5 May 2018! The EDPS stand will be located on the ground floor of the European Commission’s Berlaymont building. You’ll be able to take part in fun and interactive activities, get answers to your questions about data protection and privacy and…
The EDPS-IPEN Privacy by Design contest is open for submissions! Powered by WPeMatico
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The latest edition of the EDPS Newsletter is online now! Powered by WPeMatico
EDPS Opinion on the Proposals for two Regulations establishing a framework for interoperability between EU large-scale information systems. Read the press release and the opinion. Powered by WPeMatico
Press release from the Article 29 Working Party. Powered by WPeMatico
EDPS-IPEN Privacy by Design contest to be launched in April! More information here. Powered by WPeMatico
The latest edition of the EDPS Newsletter is online now! Powered by WPeMatico
Read the latest blogpost by Giovanni Buttarelli. Powered by WPeMatico
The Guidelines describe the data protection aspects related to the processing of personal data. Read the press release. Powered by WPeMatico
House of Commons passes Data Protection Bill with amendments Powered by WPeMatico
EDPB ready to operate from 25 May, Buttarelli says Powered by WPeMatico
ICO launches consultation on stronger regulatory action and continues with its micro-targeting investigation Powered by WPeMatico
Which countries will meet the GDPR deadline? Powered by WPeMatico
Facebook shifts 1.5 billion users to avoid GDPR Powered by WPeMatico
The EDPS participated in the Hate Speech and Security Summit in Rome. The Summit was organised by the Italian Presidency of the G7 and was also attended by seven Bar Associations. The initiative was aimed at developing a common strategy and reinforcing the importance of protecting human dignity and the right to privacy in the…
How do millennials relate to digital life and privacy? Read blogpost by Giovanni Buttarelli Powered by WPeMatico
Giovanni Buttarelli and Jiro Akama, Japanese State Minister of Internal Affairs and Communications, have met on convergence and cooperation between EU and Japan on data protection. Powered by WPeMatico
In March this year, my respected colleague Ventislav Karadjov, Chairman of the Commission for Personal Data Protection of the Republic of Bulgaria (CPDP) and I announced that we will jointly be hosting the 40th annual International Conference of Data Protection and Privacy Commissioners in October 2018. Read blogpost by Giovanni Buttarelli Powered by WPeMatico
The EDPS and the Personal Information Protection Commission (PPC) in Japan have met to discuss the implementation of forthcoming GDPR. The new regulation reinforces international cooperation outside the EU including the DPAs of third countries. Powered by WPeMatico
On 4 July 2017, Giovanni Buttarelli to speak on the transition from the EU Art. 29 Working Party to the European Data Protection Board at the Privacy Law & Business 30th Anniversary Annual Conference. Other topics will include the need for a Digital ClearingHouse for regulators from different sectors and countries to have an exchange…
The work party 29 ‘WP29’ have publish the new Guidelines on Data Protection Officers (DPO) link Jean-Pierre Heymans
The Commission’s proposal for a Regulation establishing a single digital gateway and the once-only principle is a necessary development in the modernisation of administrative services throughout the EU. However, some key issues related to data protection must be taken into account for the future development of the once-only principle. Read the EDPS Opinion and the…
