Upper Tribunal Appeals Consultation

December 4th, 2020 by Christopher Knight

The Ministry of Justice has published consultation proposals for reforms to how cases progress from the Upper Tribunal to the Court of Appeal. The consultation paper can be found here. Although apparently driven by cases from the Immigration and Asylum Chamber, the proposals will apply to all Chambers of the Upper Tribunal and so will, of course, encompass information rights cases in the Administrative Appeals Chamber. Read more »


Court of Appeal grants permission in journalistic access case

December 3rd, 2020 by Anya Proops QC

The Court of Appeal has today granted permission to appeal in the case of Newman v Southampton CC (now M(a child)), which concerns the important question of the extent to which journalists can gain access to court records in private family law proceedings. The case is discussed in more detail in Michael White’s post, which you can find here. Read more »


The Trade Secrets Regulations and Faccenda Class 2 Information

November 20th, 2020 by Julian Wilson

I understand that Travel Counsellors is appealing the finding in HHJ Hacon’s judgment in Trailfinders v Travel Counsellors & Ors [2020] EWHC 591 (IPEC) that it was liable for breach of confidence because it received customer information from the Trailfinders’ employees it recruited which it ought to have known was fairly and reasonably to be regarded as confidential to Trailfinders.

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ICO fine for British Airways lands at £20m

October 19th, 2020 by Marcus Pilgerstorfer QC

Ever since the Information Commissioner issued British Airways with a notice proposing to impose a massive fine of £183.39m for a data breach incident in 2018, we have all be waiting with bated breath to see how that process would conclude. A fine at that level would have been the largest ever issued by a data protection regulator in Europe, and would have dwarfed the eye-watering €50m proposed by the French data protection authority CNIL in respect of Google’s advertisement personalisation practices, affecting millions of French citizens. The prospect of BA, a corporate victim of a criminal cyber-attack affecting around 400,000 people’s (mostly payment-card) data, being subject to fine in excess of 4x as large certainly grabbed the headlines. Read more »


Moss: Article 10 ECHR is irrelevant to FOIA

September 3rd, 2020 by Robin Hopkins

The free expression right conferred by Article 10 ECHR encompasses a right “to receive and impart information and ideas without interference by public authority”. Does this create a right to request information from a public authority, such that a refusal to disclose would constitute an interference with Article 10? Read more »


Key points from the Bridges facial recognition appeal

September 3rd, 2020 by Robin Hopkins

September: Panopticon is scraping itself off furlough and bounding back to school. Here are two information rights from August that are worth noting, both anchored in ECHR rights.

First, readers will recall the high-profile case of R (Bridges) v Chief Constable of South Wales Police and Others. Bridges concerned a challenge on (among others) Article 8 ECHR and DP grounds to the police force’s use of automated facial recognition (AFR) as part of a pilot project aimed at spotting the faces of suspects on wanted lists among the crowds. Read more »