Freedom of Information in UK Law

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Leading Cases
  • British Broadcasting Corporation and another v Sugar (No 2)
    • Supreme Court
    • 15 Febrero 2012

    In my judgment these three cases fall far short of establishing that an individual's article 10(1) freedom to receive information is interfered with whenever, as in the present case, a public authority, acting consistently with the domestic legislation governing the nature and extent of its obligations to disclose information, refuses access to documents.

  • Common Services Agency v Scottish Information Commissioner (Scotland)
    • House of Lords
    • 09 Julio 2008

    There is much force in Lord Marnoch's observation in the Inner House that, as the whole purpose of FOISA is the release of information, it should be construed in as liberal a manner as possible: [2006] CSIH 58, 2007 SC 231, para 32. But that proposition must not be applied too widely, without regard to the way the Act was designed to operate in conjunction with DPA 1998.

  • Kennedy v Information Commissioner and another (Secretary of State for Justice and Others intervening) [SC]
    • Supreme Court
    • 26 Marzo 2014

    Information is the key to sound decision-making, to accountability and development; it underpins democracy and assists in combatting poverty, oppression, corruption, prejudice and inefficiency. Administrators, judges, arbitrators, and persons conducting inquiries and investigations depend upon it; likewise the press, NGOs and individuals concerned to report on issues of public interest. These competing considerations, and the balance between them, lie behind the issues on this appeal.

  • Between: Steven Sugar (appellant) (1)the British Broadcasting Commission (respondents) (2) The Information Commissioner
    • Court of Appeal (Civil Division)
    • 23 Junio 2010

    In my view, whatever meaning is given to “journalism” I would not be sympathetic to the notion that information about, for instance, advertising revenue, property ownership or outgoings, financial debt, and the like would normally be “held for purposes … of journalism”. No doubt there can be said to be a link between such information and journalism: the more that is spent on wages, rent or interest payments, the less there is for programmes.

  • R v David Michael Shayler
    • House of Lords
    • 21 Marzo 2002

    "Necessary" has been strongly interpreted: it is not synonymous with "indispensable" neither has it the flexibility of such expressions as "admissible" "ordinary" "useful" "reasonable" or "desirable": Handyside v United Kingdom (1976) 1 EHRR 737, 754, para 48.

  • Office of Government Commerce v Information Commissioner
    • Queen's Bench Division (Administrative Court)
    • 11 Abril 2008

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Books & Journal Articles
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Law Firm Commentaries
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  • Application for permission to appeal and notice of appeal from a decision of the First-tier Tribunal (General Regulatory Chamber) - but not for an information rights case
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to appeal decisions by certain first-tier and other tribunals and organisations. Includes social security and child support, and mental health appeals.
    ... ... Commissioner that a public authority has failed to deal with a freedom of information request by them ... in accordance with the law, and there has been an appeal to a First-tier Tribunal from the decision of ... the ... ...
  • Form PF10
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... to respect for private and family life and the Article 10 right to freedom of expression ... AND UPON IT APPEARING that non-disclosure of the ...  That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant [or ... ...
  • Court of Appeal mediation scheme - combined form 56A and 56B
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Appeal Civil Division forms including form N244 to apply for a court order.
    ... ... produce records, notes or any other information about what happened at the mediation in any future or ... continuing ... a settlement at any level, always accepting that each party has freedom to choose whether ... to settle and if so at what level ... No witnesses ... ...
  • personal welfare application (COP GN4)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... rights and freedom of action ... • make declarations about a person’s capacity to ... • A family carer or a solicitor asks for personal ... information about someone who lacks capacity to ... consent to that information being ... ...
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