Open Up: ICO Consultation on FOIA/EIR

January 15th, 2019 by Christopher Knight

News comes our way of a consultation exercise being run by the ICO on its new proposed ‘Access to Information Strategy’. You can read more about it here. Titled ‘Openness by Design’, it is a proposed strategy which will – in particular – aim to improve standards of openness, transparency and participation on the part of public authorities, including by increasing the impact of enforcement activity through targeting of systemic non-compliance. That is probably the most significant headline of the draft, but there are a number of aims to improve confidence in the openness and accountability of public authorities, by greater proactivity on the part of the ICO. Consultation responses are sought by 8 March 2019.

Christopher Knight


s35 FOIA Updates from the Upper Tribunal

January 14th, 2019 by Christopher Knight

A couple of recent Upper Tribunal cases have been handed down on the section 35(1) FOIA exemption for the formulation or development of government policy and for Ministerial communications. Both concern documents produced at the highest levels of Government. Both nudge the jurisprudence on a little bit, and both are worth being aware of for those concerned. Read more »


It’s My Party and I’ll Cry/Sue for Accreditation if I Want To

January 10th, 2019 by Christopher Knight

How does data protection law feed into, and support, challenges to police action in the form of refusing press accreditation for a political party conference? The Divisional Court considered this in R (Segalov) v Chief Constable of Sussex Police & Chief Constable of Greater Manchester Police [2018] EWHC 3187 (Admin). Read more »


Death and the DPA

January 10th, 2019 by Christopher Knight

Death may be the great leveller, but does it also bring to an end an appeal brought under section 28(4) of the Data Protection Act 1998 against a national security certificate issued by the Secretary of State? The answer of the Upper Tribunal in Campbell v Secretary of State for Northern Ireland [2018] UKUT 372 (AAC) was: Yes. Read more »


Are you thinking what I’m linking? Liability for hyperlinks

December 20th, 2018 by leodavidson

Many users of the internet know all too well the hidden dangers of hyperlinks.  Now the European Court of Human Rights has considered the extent to which those posting links are responsible for the third party content being linked to, in Magyar Jeti Zrt v Hungary (Case no. 11257/16).

In 2013, a Hungarian politician drew a link between racist assaults by football fans and Jobbik, a right-wing Hungarian political party.  A recording of his remarks was uploaded to YouTube.  When reporting the story, – a news website operated by the applicant company – included a hyperlink to the recording, without repeating the defamatory content in the body of their article. Read more »


Brexit and Data Protection: Update

November 15th, 2018 by Christopher Knight

Panopticon has generally avoided venturing too far into Brexit-related updates: there has invariably been very little by way of actual facts to comment on (not that that has stopped people). But 14 November 2018 does mark something of a landmark, even if by the time you read this it may well all have collapsed like a particularly badly made soufflé. By the time you watch the repeat on Dave it may look like a legal history article. Here goes nothing… Read more »