Information Commissioner in UK Law

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

    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. So while the entitlement to information is expressed initially in the broadest terms that are imaginable, it is qualified in respects that are equally significant and to which appropriate weight must also be given. The scope and nature of the various exemptions plays a key role within the Act's complex analytical framework.

    But in my opinion the fact that the Agency has access to this information does not disable it from processing it in such a way, consistently with recital 26 of the Directive, that it becomes data from which a living individual can no longer be identified.

  • South Lanarkshire Council v Scottish Information Commissioner
    • Supreme Court (Scotland)
    • 29 Jul 2013

    It is well established in community law that, at least in the context of justification rather than derogation, "necessary" means "reasonably" rather than absolutely or strictly necessary (see, for example, R v Secretary of State for Employment, Ex p Seymour-Smith (No 2) [2000] 1 WLR 435; Chief Constable of West Yorkshire Police v Homer [2012] UKSC 15, [2012] ICR 704).

  • Home Office v Information Commissioner; DEFRA v Information Commissioner and Simon Birkett
    • Court of Appeal (Civil Division)
    • 21 Dic 2011

    Article 6 recognises the potential importance of these issues by providing for a thorough review process in which the merits, both factual and legal, of a decision to refuse to release environmental information will be reconsidered afresh by independent and impartial bodies, both administrative and legal.

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

  • R Rob Evans v HM Attorney General The Information Commissioner (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 09 Jul 2013

    And as I have said, it is for the accountable person in practice to justify the certification. But if he does so, and that justification comprises "reasonable grounds", then the power under s.53(2) is validly exercised. Accordingly, the fact the certificate involves, in this case, in effect reasserting the arguments that had not prevailed before the Upper Tribunal does not of itself mean that it is thereby vitiated.

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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... Act to make provision for the regulation of the processing of information relating to individuals; to make provision in connection with the ion Commissioner’s functions under certain regulations relating to information; to make ......
  • Freedom of Information Act 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ...... . (a) prescribe different days in relation to different cases, and. . . (b) confer a discretion on the Commissioner. . (6) In this section— . ‘the date of receipt’ means— . . (a) the day on which the public authority receives the request for. ......
  • The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... S-3 . Supervision Supervision . 3. —(1) The Information Commissioner is the supervisory body and must carry out the supervisory ......
  • Children and Families Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... Adoption and Children Act 2002 (pre-commencement adoptions: information), after subsection (1) insert-. . . "(1A) Regulations under section 9 ... health care provision, the detained person's health services commissioner must arrange appropriate health care provision for the detained person ......
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Books & Journal Articles
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Law Firm Commentaries
  • New UK Information Commissioner Sets His Agenda
    • LexBlog United Kingdom
    The new UK Information Commissioner, Christopher Graham, shared his vision for data protection regulation at his first conference speech in London yesterday.  As the keynote speaker at the 8th Annu...
  • UK Information Commissioner Launches Data Analytics Toolkit
    • LexBlog United Kingdom
    The UK Information Commissioner (ICO) has launched a new toolkit for organizations which are planning to use personal data for data analytics as part of the ICO’s priority work on artificial intell...
  • UK Information Commissioner Sets 2021 Priorities
    • LexBlog United Kingdom
    The United Kingdom’s Information Commissioner’s Office published its action plan for 2021. Areas of focus include: the Age Appropriate Design Code data sharing. data broking, the use of sexual crim...
  • UK Information Commissioner fine of £250,000 overturned
    • LexBlog United Kingdom
    This post was written by Cynthia O’Donoghue. The UK’s First-tier Tribunal (Information Rights) has overturned a monetary penalty issued by the Information Commissioner’s Office (ICO) against the Sc...
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