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22 November 2013 / Tom Morrison
Issue: 7585 / Categories: Features , Data protection , Freedom of Information
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Private eye

Tom Morrison catches up on key developments in data protection & freedom of information

Freedom of information and data protection interact in complex ways, most commonly in connection with requests for information under the Freedom of Information Act 2000 (FIA 2000) which could constitute personal data under the Data Protection Act 1998 (DPA 1998). Sometimes public authorities get the assessment wrong, in the eyes of the Information Commissioner’s Office (ICO), and purposely withhold information when it should have been disclosed or vice versa. In a case involving Islington Council, however, personal information relating to 2,375 residents was mistakenly disclosed in spreadsheets released under FIA 2000. That mistake cost the council a £70,000 fine. It had intended to release only the summarised information collated from the pivot tables behind the spreadsheets, not the source data.

By contrast the Home Office, Sussex Police and South Tyneside Council are now being intensively monitored by the ICO, following a series of complaints relating to the failure of the authorities to reply to information requests on time. A previous exercise, conducted in relation to Wirral Borough Council, has resulted in

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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