Does a media corporation breach a source’s article 10 rights by voluntarily disclosing their identity to the police? Is source confidentiality lost by criminal conduct? These are the questions that the Court of Appeal had to grapple with in the appeal against conviction brought by former prison officer Robert Norman.
The Environmental Information Regulations 2004 contain an exception from the duty to disclose information where disclosure would adversely affect “the confidentiality of the proceedings of that or any other public authority where such confidentiality is provided by law” (regulation 12(5)(d)). There is an equivalent provision in Directive 2003/4/EC. What is meant by the “proceedings” of a public authority? Read more »
If you work in data protection, I bet you love questions like this:
I have some information which looks anonymous – but is it nonetheless ‘personal data’? (If it is, it saddles me with plenty of otherwise inapplicable legal duties blah moan). The test is whether there is a realistic prospect of someone being identified, but how do I apply that test? How do I tell whether the risk of someone being identified from this apparently anonymous information is sufficiently high?
And I bet you especially love questions like this:
I have some information which is anonymous in my hands: it would be absolutely impossible for me to identify anyone from this information. But someone else could – there is someone else who has the key which can unlock the identities behind this apparently anonymous (or pseudonymised) data. What now? Is it personal data or not? Read more »
In 2012 HMRC’s then Permanent Secretary for Tax, Dave Hartnett, had an ‘off the record’ (but audio-recorded) meeting with two Times financial journalists, intended as a background briefing on tax avoidance. One topic of discussion was film investment schemes, designed to utilise tax relief for film production partnerships. Mr Hartnett made a number of comments about one agency, Ingenious Media, and its founder Patrick McKenna, including that Mr McKenna had “never left [Mr Hartnett’s] radar”, that “he’s a big risk”, that HMRC “would like to recover lots of the tax relief” from Ingenious’ schemes and that “we’ll clean up on film schemes over the next few years”. Read more »
In my post on the TLT case last week, I mentioned a second recent judgment awarding compensation for a DPA breach. This is the judgment of the Central London County Court (HHJ Luba QC) in Andrea Brown v Commissioner of Police for the Metropolis and Chief Constable of Greater Manchester Police (judgment available via Inforrm here).
Whereas TLT concerned a data breach (accidental public disclosure), Brown concerned the unfair use of policing powers to obtain information for an employment disciplinary matter. The Court awarded £9,000 in compensation, arising as follows. Read more »