Category: confidentiality

Confidentiality of medical information after patient’s death: two new Upper Tribunal decisions – Panopticon

Posted November 15th, 2013 in appeals, confidentiality, freedom of information, medical records, news, tribunals by tracey

“The absolute exemption at section 41 extends to information obtained by the public authority the disclosure of which would give to an actionable breach of confidence. Does the obligation of confidence survive the death of the confider? If so, would a breach of that obligation be actionable, even if it is not clear exactly who could bring such an action? These issues arise most notably in the context of medical records. The Upper Tribunal has had something to say on this in two recent decisions.”

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Panopticon, 14th November 2013

Source: www.panopticonblog.com

Two new Upper Tribunal decisions: commercial confidentiality, ministerial communications – Panopticon

Posted October 28th, 2013 in confidentiality, disclosure, news, public interest, tribunals by sally

“The Upper Tribunal has issued two decisions on information rights matters this week. Both are by Upper Tribunal Judge David Williams, and both include substantive treatments of some of the issues that arise most commonly in information rights litigation.”

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Panopticon, 25th October 2013

Source: www.panopticonblog.com

Cats, bags, rings and rooms: the problem of confidentiality – Competition Bulletin from Blackstone Chambers

Posted October 11th, 2013 in competition, confidentiality, news, tribunals by sally

“Dealing with confidential information in competition cases can be tricky. The CAT’s recent judgment in BMI Healthcare and others v Competition Commission [2013] CAT 241 provides some help.”

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Competition Bulletin from Blackstone Chambers, 11th October 2013

Source: www.competitionbulletin.com

Watchdog warning over ‘unnecessary’ gagging clauses – BBC News

Posted October 9th, 2013 in auditors, confidentiality, disclosure, employment tribunals, hospitals, news, non-disclosure agreements, ombudsmen, public interest, whistleblowers by sally

“The use of ‘gagging clauses’ risks stopping employees from speaking out about failures in the public sector, the National Audit Office has warned.”

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BBC News, 8th October 2013

Source: www.bbc.co.uk

NSA and GCHQ unlock privacy and security on the internet – The Guardian

Posted September 6th, 2013 in computer programs, confidentiality, encryption, intelligence services, internet, news, privacy by tracey

“US and British intelligence agencies have successfully cracked much of the online encryption relied upon by hundreds of millions of people to protect the privacy of their personal data, online transactions and emails, according to top-secret documents revealed by former contractor Edward Snowden.”

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The Guardian, 6th September 2013

Source: www.guardian.co.uk

David Miranda detention: Lawyers seek judicial review – BBC News

Posted August 22nd, 2013 in confidentiality, detention, immigration, intelligence services, investigatory powers, judicial review, media, news, police by sally

“Lawyers representing a Brazilian man detained at Heathrow airport have begun judicial review proceedings against the Home Office and the police.”

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BBC News, 22nd August 2013

Source: www.bbc.co.uk

Construction industry disputes – Panopticon

Posted July 26th, 2013 in confidentiality, construction industry, contracts, local government, news, public interest by sally

“The balance of public interest was ‘very strongly’ in favour of maintaining the confidentiality of documents in order to “protect the course of justice” both in Jackson v Info Commissioner, EA 2012/0263, FTT Decision on 19 July 2013, and in ‘many other such disputes’ said Judge Hughes. The value of the disclosure of the material was limited. The adverse impact of disclosure on dispute resolution was substantial. Judge Hughes concluded: ‘If there were to be change in the arrangements underpinning construction dispute resolution then this should be explored through a careful process of public debate and consultation leading to an amendment of the statutory framework.'”

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Panopticon, 26th July 2013

Source: www.panopticonblog.com

20 law firms implicated in ‘secret’ phone hacking scandal – Daily Telegraph

Posted July 26th, 2013 in confidentiality, disclosure, interception, law firms, news, private investigators, public interest, reports, select committees, telecommunications by sally

“Lawyers were the biggest users of the private investigators behind the ‘secret’ phone-hacking scandal, it has been revealed.”

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Daily Telegraph, 26th July 2013

Source: www.telegraph.co.uk

Prince Charles’s letters: judges allow appeal against block on publication – The Guardian

Posted July 25th, 2013 in appeals, confidentiality, disclosure, freedom of information, news, royal family, veto by tracey

“High court judges give the Guardian right to challenge cabinet move to keep secret so-called ‘black spider memos.’ ”

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The Guardian, 25th July 2013

Source: www.guardian.co.uk

Police hide names of companies suspected of phone hacking – Daily Telegraph

Posted July 24th, 2013 in confidentiality, interception, news, police, theft by tracey

” More than 100 companies and individuals are suspected of obtaining illicit information by hacking, blagging and theft and The Serious Organised Crime Agency has finally handed a list of names to MPs. However, the agency insisted that it remain secret to protect those involved.”

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Daily Telegraph, 24th July 2013

Source: www.telegraph.co.uk

Mike Gordon: Prince Charles’ Correspondence Back in Court – Reflections on R. (Evans) v. Attorney General – UK Constitutional Law Group

Posted July 23rd, 2013 in appeals, attorney general, confidentiality, disclosure, documents, freedom of information, news, royal family, veto by tracey

“The Administrative Court is the latest body to become involved in the on-going saga related to disclosure of the Prince of Wales’ correspondence with government departments. In the recent case of R. (Evans) v. Attorney General [2013] EWHC 1960 (Admin), the Guardian journalist Rob Evans challenged the legality of the government’s decision to veto disclosure of the relevant correspondence between Prince Charles and a range of government ministers. Disclosure of most of this material had been ordered under the Freedom of Information Act 2000 (FOIA) by the Upper Tribunal, allowing an appeal from Evans against the earlier decision of the Information Commissioner that the correspondence sought could be withheld.”

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UK Constitutional Law Group, 22nd July 2013

Source: www.ukconstitutionallaw.org

Ruling highlights need for clear policy on social media account ownership, says expert – OUT-LAW.com

Posted July 11th, 2013 in confidentiality, employment, injunctions, intellectual property, internet, media, news by sally

“A ruling by the High Court has highlighted the need for businesses to operate a ‘clear policy’ on ownership of social media accounts used by staff for business purposes, an expert has said.”

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OUT-LAW.com, 11th July 2013

Source: www.out-law.com

The Prince Charles veto: JR fails due to availability of JR – Panopticon

Posted July 11th, 2013 in appeals, attorney general, confidentiality, disclosure, documents, freedom of information, news, royal family, veto by sally

“As Chris Knight reported this morning, judgment has been handed down in R (Evans) v HM Attorney General [2013] EWHC 1960 (Admin). The Upper Tribunal had ordered disclosure of certain correspondence between Prince Charles and government ministers (termed ‘advocacy correspondence’). The government – the Attorney General specifically – exercised the power of veto under section 53 of FOIA. The requester, Guardian journalist Rob Evans, brought judicial review proceedings. The Administrative Court dismissed his claim.”

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Panopticon, 10th July 2013

Source: www.panopticonblog.com

So we cannot see Prince Charles’ advocacy letters after all – UK Human Rights Blog

Posted July 10th, 2013 in attorney general, confidentiality, disclosure, documents, freedom of information, judicial review, lobbying, news, royal family by sally

“As we all know, the Prince of Wales has his own opinions. And he has shared those opinions with various government departments. Our claimant, a Guardian journalist, thought it would be interesting and important for the rest of us to see those opinions. So he made a request under the Freedom of Information Act and the Environmental Information Regulations to see these documents.”

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UK Human Rights Blog, 9th July 2013

Source: www.ukhumanrightsblog.com

Decision to block Prince Charles’s letters upheld – BBC News

Posted July 9th, 2013 in attorney general, confidentiality, disclosure, documents, freedom of information, judicial review, news, royal family by sally

“The attorney general’s decision to block public disclosure of letters the Prince of Wales wrote to ministers has been upheld by the High Court.”

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BBC News, 9th July 2013

Source: www.bbc.co.uk

Why NSA surveillance is a threat to British doctors and lawyers – The Guardian

Posted June 21st, 2013 in confidentiality, intelligence services, internet, news, privacy by tracey

“Professionals using cloud services will have to guard against the danger of patients and clients being snooped on.”

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The Guardian, 20th June 2013

Source: www.guardian.co.uk

Confidentiality clauses in public sector payoffs ‘must not stop whistleblowers’ – The Guardian

Posted June 21st, 2013 in agreements, civil servants, confidentiality, employment, health, news, reports, whistleblowers by tracey

“Margaret Hodge says government must make clear deals should not stop whistleblowers from speaking out, after NAO report.”

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The Guardian, 21st June 2013

Source: www.guardian.co.uk

ZZ (France) v Secretary of State for the Home Department – WLR Daily

Posted June 10th, 2013 in confidentiality, disclosure, EC law, evidence, freedom of movement, immigration, law reports by sally

ZZ (France) v Secretary of State for the Home Department (Case C-300/11); [2013] WLR (D) 218

“Where a national authority had failed to inform an EU citizen precisely and in full of the public security grounds, and the related evidence, upon which it had made a decision under article 27 of Parliament and Council Directive 2004/38/EC refusing the citizen entry, the national court was required, pursuant to articles 30(2) and 31 of the Directive and article 47 of the Charter of Fundamental Rights, to ensure that that failure was limited to that which was strictly necessary. The court had to ensure, in any event, that the citizen was informed of the essence of the grounds in a manner which took due account of the necessary confidentiality of the evidence.”

WLR Daily, 4th June 2013

Source: www.iclr.co.uk

Breach of confidence requires infringer having knowledge of breach, rules Supreme Court – OUT-LAW.com

Posted May 28th, 2013 in confidentiality, contract of employment, damages, employment, news, Supreme Court by sally

“Former employees of companies that use trade secrets to develop products cannot automatically be found to have acted in breach of confidence if they are involved in rival operations that exploit the protected information, the Supreme Court has ruled.”

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OUT-LAW.com, 28th May 2013

Source: www.out-law.com

Vestergaard Frandsen A/S and others v Bestnet Europe Ltd and others – WLR Daily

Posted May 28th, 2013 in confidentiality, contract of employment, damages, law reports, Supreme Court by sally

Vestergaard Frandsen A/S and others v Bestnet Europe Ltd and others [2013] UKSC 31; [2013] WLR (D) 200

“A former employee who started a business which developed a product using her former employers’ trade secrets was not liable for breach of confidence in circumstances where she neither knew the identity of those secrets nor that they were being used to develop the new product.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk