Freedom of Information

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Freedom of Information

  • Information Tribunal comes to Scotland

    Christine O’Neill blogs on our PublicLaw blog about the Information Tribunal’s first hearing in Scotland, following Scottish Borders Council’s appeal against its monetary penalty under the Data Protection Act issued as a result of a data breach by a contractor working on behalf of ...
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  • Freedom of Information – are you in or are you out?

    Our Public Law team blog on a proposed extension to the number of bodies subject to the Freedom of Information (Scotland) Act 2002. Under the proposals, arm’s length bodies set up by local authorities to carry out certain functions will be within scope. IT and outsourcing vendors who currently...
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  • Defining “personal data” – like nailing jelly to a wall

    Our colleagues over on Brodies PublicLawBlog have blogged on a recent decision of the Information Tribunal in relation to the definition of personal data. The Tribunal’s decision places a strong emphasis on the Court of Appeal’s 2003 decision in Durant v the FSA, a widely criticised deci...
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  • Improving public records: the Public Records (Scotland) Act 2011

    Last Tuesday I attended the Public Records Conference in Edinburgh, and delivered a presentation on the potential legal implications of the new Public Records (Scotland) Act 2011 (the “PRSA”). The PRSA is intended to “make provision about the management of records by certain auth...
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  • ICO confirms that Twitter is a valid method of making a request for information under FOI

    The UK Information Commissioner’s Office (ICO) has confirmed its view that tagging a public authority’s Twitter account in a tweet can be sufficient to constitute a request for information under the Freedom of Information Act 2000 (FOIA). This may come as a surprise to a number of public...
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  • ISPs fail to overturn Digital Economy Act

    BT and Talk Talk have failed in their attempt to overturn certain provisions of the Digital Economy Act (“DEA”) by judicial review. Justice Kenneth Parker rejected arguments led by the ISPs that the contested provisions of the DEA will breach key pieces of European Union legislation. In Justice...
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  • A Freedom Too Far?

    It’s as if Mel Gibson shouted “FREEDOM (of information legislation)!” at the end of Braveheart. The Scottish Government is proposing that Freedom of Information legislation should be extended to cover a wider range of bodies which deliver public services in Scotland, making Scotlan...
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  • Freedom of information and privacy – finding the right balance

    Yesterday I attended a very interesting seminar at the University of Dundee’s Centre for Freedom of Information. The topic under consideration was the interaction between freedom of information and data protection legislation, and in particular how the law seeks to balance the “right t...
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