Freedom of Information Act 2000

Court of Appeal rules ICO acted lawfully in subject access request complaint litigation

Retrieved on: 
Monday, October 16, 2023

The UK Information Commissioner has welcomed the Court of Appeal’s ruling on a long-running court battle over a subject access request complaint.

Key Points: 
  • The UK Information Commissioner has welcomed the Court of Appeal’s ruling on a long-running court battle over a subject access request complaint.
  • In a judgment published today, the court upheld an earlier High Court decision by Mr Justice Mostyn to dismiss a claim by Mr Ben Delo that the ICO had unlawfully failed to determine his complaint about a subject access request he had made to Wise Payments Limited.
  • The case raised important questions about how far the ICO has to go in investigating and reaching a decision on the merits of every complaint.
  • The ICO also welcomes the court’s decision that the ICO acted lawfully in deciding the outcome of Mr Delo’s complaint.

Information Commissioner calls on public authorities to stop using spreadsheets in FOI responses

Retrieved on: 
Thursday, September 28, 2023

The notice follows a number of recent high profile personal data breaches, where personal information was inadvertently included in spreadsheets that were shared as part of a FOI response.

Key Points: 
  • The notice follows a number of recent high profile personal data breaches, where personal information was inadvertently included in spreadsheets that were shared as part of a FOI response.
  • “It is imperative that robust measures are in place to protect personal information.
  • - The Freedom of Information Act 2000 covers any recorded information that is held by a public authority in England, Wales and Northern Ireland, and by UK-wide public authorities based in Scotland.
  • Information held by Scottish public authorities is covered by Scotland’s own Freedom of Information (Scotland) Act 2002.

Former social services council employee fined for unlawfully accessing sensitive personal data

Retrieved on: 
Wednesday, September 27, 2023

A former family intervention officer at St Helens Borough Council has been sentenced for unlawfully accessing social services records.

Key Points: 
  • A former family intervention officer at St Helens Borough Council has been sentenced for unlawfully accessing social services records.
  • An internal council audit found the defendant unlawfully looked at the records of 145 people whilst employed in the social services department.
  • “People have the absolute right to expect that their sensitive personal information will be treated with the utmost privacy and in accordance with data protection laws.
  • For some reason, this individual chose to flout those laws and spend time snooping at people’s sensitive personal information.

Share information to protect children and young people at risk, urges UK Information Commissioner

Retrieved on: 
Wednesday, September 27, 2023

Organisations will not get in trouble if they share information to protect children and young people at risk of serious harm, the UK Information Commissioner’s Office (ICO) has promised.

Key Points: 
  • Organisations will not get in trouble if they share information to protect children and young people at risk of serious harm, the UK Information Commissioner’s Office (ICO) has promised.
  • The need to improve data sharing practices has been highlighted in recent serious case reviews in the UK where children have died or been seriously harmed through abuse or neglect.
  • Poor information-sharing among organisations and agencies was identified as one of the factors contributing to failures to protect the children.
  • “My message to people supporting and working with children and young people is clear: if you think a child is at risk of harm, you can share information to protect them.

“This needs to be dealt with.” - ICO issues Enforcement Notice to City of York Council over FOI backlog

Retrieved on: 
Wednesday, September 27, 2023

- Information Commissioner issues Enforcement Notice relating to backlog of 261 FOI requests

Key Points: 
  • - Information Commissioner issues Enforcement Notice relating to backlog of 261 FOI requests
    - Council must provide action plan on improving response times
    - Council can be found in contempt for failure to meet terms of Enforcement Notice
    The Information Commissioner’s Office (ICO) has issued an Enforcement Notice to City of York Council to clear its backlog of 261 unanswered Freedom of Information requests.
  • Whilst by the date of the Enforcement Notice significant progress had been made by City of York Council in clearing this backlog, the notice formalises the requirement for it to be cleared fully.
  • What we are saying to City of York Council is – this needs to be dealt with.
  • - To report a concern to the ICO telephone our helpline 0303 123 1113 or go to ico.org.uk/concerns.

ICO publishes new guidance on sending bulk communications by email

Retrieved on: 
Wednesday, August 30, 2023

The warning comes as the ICO publishes new guidance to help organisations understand the law and good practice around protecting personal information when sending bulk emails.

Key Points: 
  • The warning comes as the ICO publishes new guidance to help organisations understand the law and good practice around protecting personal information when sending bulk emails.
  • If organisations are sending any sensitive personal information electronically, they should use alternatives to BCC, such as bulk email services, mail merge, or secure data transfer services.
  • Earlier this month the ICO reprimanded two Northern Irish organisations for disclosing people’s information inappropriately via email.
  • For further advice on email best practices, view our full email and security guidance.