Information Law

Facing the future

Rowan Clapp looks at the key points from the Information Commissioner’s opinion on live facial recognition technology, law enforcement and privacy. Read more

NEWS

Jan 07, 2020

Council officer ordered to pay £900+ after accessing social care records without authorisation

A former Reablement Officer at Walsall Metropolitan Borough Council has been prosecuted by the Information Commissioner’s Officer for accessing social care records without authorisation.

Dec 18, 2019

Councillor from neighbouring authority fails in bid to obtain legal advice on planning application after Tribunal upholds privilege

The First-tier Tribunal (General Regulatory Chamber) has rejected an appeal lodged against the Information Commissioner by a member of Leeds City Council concerning a planning application for a field adjacent to his ward but in Harrogate Borough Council’s area.

Dec 09, 2019

Former council worker sentenced for unlawfully obtaining personal data

A former social services support officer at Dorset County Council has been prosecuted for accessing social care records without authorisation.

Dec 04, 2019

ICO consults on new draft guidance on Subject Access Requests under GDPR

The Information Commissioner has launched a consultation on new draft guidance for organisations on how to handle Subject Access Requests (SARs) under the GDPR.

Dec 04, 2019

ICO regulatory enforcement lawyer moves to St John’s Buildings

A regulatory enforcement lawyer at the Information Commissioner’s Office, Aaminah Khan, has joined St John’s Buildings.

Dec 02, 2019

Information Commissioner consults on draft guidance for explaining use of AI in decision-making about individuals

The Information Commissioner’s Office has launched a consultation on new draft guidance for organisations using, or thinking about using, artificial intelligence (AI) to support or make decisions about individuals.

Nov 28, 2019

Met Police agrees to delete information after referral of primary school age child under Prevent programme

The Metropolitan Police has agreed to delete information relating to a referral of a primary school age child under the government’s Prevent programme, and other referring authorities have also agreed to correct and delete the relevant records.

Nov 15, 2019

Information watchdog updates guidance for data controllers on protecting ‘special category data’

The ICO has issued updated guidance on special category data, to which data controllers must give extra protection under the GDPR.

Nov 13, 2019

Information watchdog consults on being granted investigation and other powers under POCA

The Information Commissioner has launched a consultation on her office being granted access to investigation and other associated powers under the Proceeds of Crime Act 2002 (POCA).

Nov 01, 2019

Tribunal orders council to disclose instructions sent to QC over motion for ‘call-in’ of planning applications

The First-tier Tribunal has ordered Ryedale District Council to disclose the briefing question it sent to a Queen’s Counsel seeking advice on a motion in which councillors sought for competing retail planning applications to be ‘called in’.

FEATURES AND ANALYSIS

November 15, 2019

When is an FOI request not an FOI request?

Susan Wolf sets what organisations should bear in mind when considering whether something is 'business as usual' or an FOI request.

November 08, 2019

Google v CNIL and the Right to be Forgotten

A recent ruling from the Court of Justice of the European Union makes it clear that the ‘Right to be Forgotten’ in the context of Google searches has its limits, writes Ibrahim Hasan.

November 01, 2019

GDPR, class actions and the right to compensation

The Court of Appeal recently overturned a High Court ruling and found that a claimant could serve an out of jurisdiction application against Google as part of a class action. Ibrahim Hasan examines the judgment.

September 13, 2019

Digital duties

Monitoring Officers must ensure good governance over data and social media, writes David Kitson.

September 13, 2019

Brexit and data protection

Damien Welfare sets out what you need to know when it comes to Brexit and data protection.

September 06, 2019

Automated facial recognition, privacy and data protection law

The Divisional Court has found that police use of automated facial recognition was a justified privacy intrusion. Robin Hopkins sets out the key findings in a landmark case.

July 05, 2019

GDPR: one year on

What have we learned from the 12 months that the General Data Protection Regulation has been in force? Ibrahim Hasan reports.

June 28, 2019

GDPR and enforcement notices

Ibrahim Hasan examines the lessons to be learned from the first two GDPR enforcement notices.

MORE NEWS

Oct 31, 2019

Information Commissioner issues first ‘Opinion’ under Data Protection Act

The Information Commissioner, Elizabeth Denham, has issued her first Commissioner’s Opinion under the Data Protection Act 2018, setting out her advice and recommendations on the police’s use of ‘live facial recognition’ (LFR).

Oct 31, 2019

Upper Tribunal orders fresh hearing in dispute over refusal by council to disclose advice of independent person

A local resident who complained about the conduct of a councillor at Stratford-on-Avon District Council over a planning matter has secured a fresh hearing over the council’s refusal to disclose advice given by an independent person.

Oct 29, 2019

Victim of serious crime receives compensation for data breach by public inquiry

A victim of serious crime whose personal information was shared by a public inquiry with third parties in a serious personal data breach has been paid compensation greater than the amounts awarded by courts thus far, it has been reported.

Sep 16, 2019

Councils withholding or heavily redacting information requested under Local Audit and Accountability Act 2014: report

Local authorities are refusing to let the public access key information on how their money is being spent, the Bureau of Investigative Journalism has claimed.

Sep 10, 2019

NHS trust launches investigation into serious data breach at gender identity clinic

The Tavistock and Portman NHS Foundation Trust has said it is investigating a data security incident reportedly involving the Charing Cross Gender Identity Clinic.

Sep 05, 2019

Divisional Court dismisses legal challenge over police use of automated facial recognition

A Divisional Court has dismissed a challenge to police use of Automated Facial Recognition (AFR) in what is thought to be the first time any court in the world has considered the technology.

Aug 27, 2019

Information watchdog identifies three key GDPR compliance challenges for town and parish councils

The Information Commissioner’s Office has set out what it considers to be the three GDPR compliance challenges for town and parish councils.

Aug 16, 2019

ICO to investigate legality of landlord’s use of facial recognition technology

The use of facial recognition technology at an office, leisure and retail development in King's Cross is to be investigated for compliance with data protection rules, the Information Commissioner has said.

Jul 16, 2019

Information Commissioner consults on updated code of practice for data sharing

The Information Commissioner’s Office has launched a consultation on an updated code of practice for data sharing.

Jun 05, 2019

Information Commissioner says £325 charge for accessing environmental information “unreasonable”

A charge of £325 imposed by Folkestone and Hythe District Council for accessing environmental information was unreasonable, the Information Commissioner’s Office has said in a decision notice.

May 22, 2019

High Court hears legal challenge to police use of automated facial recognition

The High Court, sitting in Cardiff, is this week hearing the first challenge to the use of automated facial recognition by UK police.

May 01, 2019

Surveillance Camera Commissioner warns against blanket use of CCTV recording in taxis and PHVs

Blanket use of CCTV recording in taxis and private hire vehicles would be disproportionate and should be imposed only where a strong justification exists, the Surveillance Camera Commissioner has said.

Apr 30, 2019

Nearly half a million FOI requests made to councils each year: research

Around 467,000 Freedom of Information (FOI) requests are now made to local councils every year — almost double a previous estimate by UCL’s Constitution Unit in 2010, research by mySociety has found.

Apr 25, 2019

Police force breached data protection rights of vulnerable teenager by disclosing information, court rules

The High Court has ruled that Sussex Police unlawfully disclosed information about a vulnerable teenager to a local business organisation.

Apr 18, 2019

Data protection law not a barrier to sharing information to save lives and stop crime: ICO

The Information Commissioner’s Office has issued a reminder to public and private organisations that the GDPR and the Data Protection Act 2018 do not stop them from disclosing personal data to assist police forces or other law enforcement authorities.

Apr 17, 2019

Social worker given caution notice by regulator after sending confidential documents to personal email

A Rutland County Council social worker has been handed a caution notice in force for 36 months by the Health and Care Professions Tribunal Service.

Apr 10, 2019

ICO fines production company £120,000 for unlawful filming in maternity clinic

The Information Commissioner’s Office has issued a £120,000 on a television production company which unfairly and unlawfully filmed patients at a maternity clinic.

Apr 08, 2019

Ex-GP practice manager fined for emailing personal data to own account without authorisation

A former GP practice manager has been fined for sending personal data to her own email account without authorisation, following an investigation by the Information Commissioner’s Office (ICO).

Apr 04, 2019

Council fined £145k for disclosing sensitive personal data about alleged gang members

The Information Commissioner’s Office (ICO) has fined the London Borough of Newham £145,000 for disclosing the personal information of more than 200 people who featured on the ‘Gangs Matrix’ police intelligence database.

Mar 22, 2019

Member of staff at Leicestershire Police pleads guilty to computer misuse

A member of staff at Leicestershire Police has this week pleaded guilty to one count of computer misuse.

Mar 21, 2019

NHS employee fined for unlawfully accessing personal records

An employee of an NHS Foundation Trust in the West Midlands has been fined for unlawfully accessing the personal records of 14 individuals.

Mar 15, 2019

Public Accounts Committee calls for ‘step change’ in transparency in local public bodies

There is a need for a step change in transparency by local public bodies and particularly those in the NHS, MPs have said.

Mar 11, 2019

DWP defeats public sector equality duty challenge over method of communication with homeless man

The Department for Work & Pensions has successfully defended a High Court challenge brought by a homeless man who claimed that its approach to communication was in breach of its duties under the public sector equality duty.

Feb 04, 2019

Bevan Brittan hires partner to head information law team

Law firm Bevan Brittan has hired James Cassidy as a partner to lead its specialist information law team.

Jan 28, 2019

Information Commissioner calls for FOIA and EIR reform to address outsourcing

The Information Commissioner has called for the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) to be updated to include organisations providing a public function.

MORE FEATURES

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June 07, 2019