Category: disclosure

Identity of social workers may be published following fostering bungle – UK Human Rights Blog

Posted January 14th, 2013 in anonymity, child abuse, disclosure, fostering, human rights, news, pornography, privacy, public interest, social services by tracey

“Bristol City Council v C and others [2012] EWHC 3748 (Fam). This was an application for a reporting restriction order arising out of care proceedings conducted before the Bristol Family Proceedings Court. The proceedings themselves were relatively straightforward but, in the course of the hearing, information came to light which gave rise to concerns of an ‘unusual nature’, which alerted the interest of the press.”

Full story

UK Human Rights Blog, 13th January 2013

Source: www.ukhumanrightsblog.com

Jimmy Savile scandal: How will it affect future abuse cases?- BBC News

Posted January 14th, 2013 in child abuse, complaints, disclosure, evidence, inquiries, news, prosecutions, sexual offences, victims by tracey

“Jimmy Savile’s ability to commit hundreds of serious sexual offences inside public institutions, ‘hiding in plain sight’ as Friday’s police and NSPCC report on his crimes puts it, seems almost incredible. And for his victims, it is indeed credibility which is the issue at the heart of this scandal.”

Full story

BBC News, 12th January 2013

Source: www.bbc.co.uk

Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) – WLR Daily

Posted January 7th, 2013 in appeals, champerty, copyright, data protection, disclosure, internet, law reports, pornography, privacy by sally

Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) [2012] EWCA Civ 1740; [2012] WLR (D) 396

“Where a court had found that arrangements entered into by copyright owners with a claimant copyright owner to sue intended defendants in its own name and on behalf of the other owners for alleged breach of copyright were not champertous and that it was proportionate to make an order for disclosure to enable the other owners to have their infringement claims brought, since their interests in enforcing their copyrights outweighed the interests of intended defendants in protecting their privacy and data protection rights, there was no justification for the court to grant relief to the claimant alone and not the other owners without identifying some factor as affecting the balance of the competing interests identified.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

High Court blocks US drone intelligence case – BBC News

Posted December 21st, 2012 in disclosure, intelligence services, news, weapons by tracey

“The High Court has rejected an attempt by a Pakistani man to force the UK government to reveal if it is providing intelligence for US drone strikes.”

Full story

BBC News, 21st December 2012

Source: www.bbc.co.uk

Barrister snub to diversity monitoring “embarrassing” and “pathetic” – Legal Futures

Posted December 17th, 2012 in barristers, disclosure, diversity, news, statistics by sally

“Only a handful of the 15,000-plus members of the Bar have disclosed information such as whether they went to public or state schools, in a snub to the chairs of the Bar and the Bar Standards Board (BSB) who had personally requested it.”

Full story

Legal Futures, 17th December 2012

Source: www.legalfutures.co.uk

In re A (A Child) (Family Proceedings: Disclosure of Information) – WLR Daily

Posted December 14th, 2012 in child abuse, contact orders, disclosure, human rights, law reports, parental rights, public interest immunity by tracey

In re A (A Child) (Family Proceedings: Disclosure of Information): [2012] UKSC 60; [2012] WLR (D) 378

“The identity of a third party and the allegations of sexual abuse which she made in confidence against the father of a child who was the subject of contact proceedings would be disclosed in those proceedings since to do so would not violate her right to protection from inhuman or degrading treatment under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and would be a proportionate interference with her right to respect for her private life under article 8, since it was justified by the need to protect the parents’ and child’s rights to a fair trial and respect for their family life, guaranteed by articles 6 and 8 of the Convention.”

WLR Daily, 12th December 2012

Source: www.iclr.co.uk

Supreme Court: Articles 3, 6 and 8 ECHR in child protection PII case – Panopticon

Posted December 14th, 2012 in child abuse, contact orders, disclosure, human rights, news, parental rights, public interest immunity by tracey

“There have been a number of important privacy judgments in recent weeks, particularly concerning Article 8 ECHR in cases with child protection elements.”

Full story

Panopticon, 13th December 2012

www.panopticonblog.com

Royal hoax call could be an ‘offence under UK law’ – The Guardian

Posted December 11th, 2012 in data protection, disclosure, medical records, news, telecommunications by sally

“The Australian radio DJs who made the hoax call to the hospital where the Duchess of Cambridge was being treated for acute morning sickness could have committed an offence under UK law, a leading barrister has said.”

Full story

The Guardian, 10th December 2012

Source: www.guardian.co.uk

New code of practice for disclosure of datasets under FOI proposed – OUT-LAW.com

Posted December 3rd, 2012 in codes of practice, disclosure, freedom of information, news by sally

“Public authorities required to disclose ‘datasets’ in order to comply with a freedom of information (FOI) request should have to make sure the information is ‘machine readable’ and accompanied by explanatory material, the Government has proposed.”

Full story

OUT-LAW.com, 3rd December 2012

Source: www.out-law.com

Court of Appeal considers whether the Enhanced Criminal Records Certificate regime infringes Article 8 – Panopticon

Posted November 29th, 2012 in appeals, criminal records, disclosure, employment, human rights, news by sally

“This week, the Court of Appeal heard the cases of R (T) v Chief Constable of the Greater Manchester Police and others and R (JB) v the Secretary of State for the Home Department. These are the latest in a series of cases challenging whether the criminal records checks regime is compatible with the Convention. Unlike previous cases, which have concerned the disclosure of “soft information” held on local police computer systems, these cases raise in stark terms the compatibility of s.113B(3)(a) of the Police Act 1997 with Article 8. This requires the disclosure of all convictions, cautions, warnings and reprimands on an Enhanced Criminal Records Certificate (‘ECRC’). In T’s case, his ECRC disclosed a warning he had been given for stealing a bicycle when he was 11. In JB’s case, her ECRC disclosed a caution for shoplifting given eight years before the check.”

Full story

Panopticon, 28th November 2012

Source: www.panopticonblog.com

Norwich Pharmacal Relief – Panopticon

Posted November 28th, 2012 in confidentiality, disclosure, internet, news, proportionality, sport, third parties by sally

“If through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers. Justice requires that he should co-operate in righting the wrong if he unwittingly facilitated its perpetration. This is the principle recognized by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133.”

Full story

Panopticon, 28th November 2012

Source: www.panopticonblog.com

In re Press Association – WLR Daily

Posted November 26th, 2012 in anonymity, appeals, contempt of court, disclosure, jurisdiction, law reports, media, privacy, public interest, rape by sally

In re Press Association [2012] EWCA Crim 2434; [2012] WLR (D) 343

“The court did not have the power under section 4(2) of the Contempt of Court Act 1981 nor under section 1(2) of the Sexual Offences (Amendment) Act 1992 to make an order anonymising the name of a defendant. It was for those responsible for decisions relating to publication to ensure that the provisions which protected the public identification of a complainant in sexual cases were obeyed and they did so, not because there were enjoined to do so by judicial order, but because it was a statutory requirement.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) – WLR Daily

Posted November 26th, 2012 in advertising, appeals, data protection, disclosure, internet, law reports, privacy, proportionality, public interest, sport by sally

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) [2012] UKSC 55; [2012] WLR (D) 342

“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another – WLR Daily

Posted November 23rd, 2012 in bail, deportation, disclosure, human rights, judicial review, law reports by tracey

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another: [2012] EWCA Civ 1499;   [2012] WLR (D)  334

“The decision to deport an individual and the grant of conditional bail pending deportation did not involve a determination of civil rights within the meaning of article 6 of the Convention for the Protections of Human Rights and Fundamental Freedoms, and accordingly the fair trial provisions in article 6 had no application to that decision. Where bail conditions interfered with an individual’s article 8 rights to protection of private and family life but did not amount to deprivation of liberty, the individual had to be able to make an effective challenge to the decision but was not without more entitled to the disclosure of information relating to the national security case against him.”

WLR Daily, 19th November 2012

Source: www.iclr.co.uk

Further review of disclosure in criminal proceedings: sanctions for disclosure failure – Judiciary of England and Wales

Posted November 22nd, 2012 in criminal justice, disclosure, reports, sanctions by tracey

“The further review was established to consider the specific issue of sanctions for disclosure failure by both the prosecution and the defence; whether the sanctions available, together with judicial case management powers, are adequate to secure compliance with disclosure duties and, if not, whether there are options for strengthening those sanctions.”

Full review

Judiciary of England and Wales, 22nd November 2012

Source: www.judiciary.gov.uk

Government threatens to legislate if voluntary consumer data access standards are not adhered to by mobile, energy and financial services firms – OUT-LAW.com

Posted November 21st, 2012 in consumer protection, data protection, disclosure, energy, financial regulation, freedom of information, news, privacy, telecommunications by sally

“Financial services, mobile telecoms and energy companies will be compelled by law to provide consumers with data they hold about their transactions or consumption in an ‘electronic, machine readable’ format, upon request, if they do not do so voluntarily, the Government has said.”

Full story

OUT-LAW.com, 20th November 2012

Source: www.out-law.com

Asylum lawyers warned over disclosure – BBC News

Posted November 19th, 2012 in asylum, disclosure, injunctions, law firms, news, professional conduct by sally

“Lawyers could be disciplined for not disclosing ‘all material facts’ in legal bids to halt removal of asylum seekers, a senior judge has said.”

Full story

BBC News, 19th November 2012

Source: www.bbc.co.uk

Retention and disclosure of police caution data infringe Article 8 – Panopticon

Posted November 15th, 2012 in cautions, criminal records, data protection, disclosure, human rights, news, Northern Ireland, vetting by sally

“The European Court of Human Rights yesterday handed down a Chamber judgment in M.M. v United Kingdom (Application no. 24029/07) declaring that the arrangements for the indefinite retention of data relating to a person’s caution in a criminal matter and for the disclosure of such data in criminal record checks infringe Article 8 of the ECHR. Although the Court recognised that there might be a need for a comprehensive record of data relating to criminal matters, the indiscriminate and open-ended collection of criminal record data was unlikely to comply with Article 8 in the absence of clear and detailed statutory regulations clarifying the safeguards applicable and governing the use and disposal of such data, particularly bearing in mind the amount and sensitivity of the data.”

Full story

Panopticon, 14th November 2012

Source: www.panopticonblog.com

European court ruling could see minor criminal records withheld from employers – Daily Telegraph

Posted November 14th, 2012 in criminal records, disclosure, employment, human rights, news, vetting by sally

“People with minor criminal records may not have them disclosed to potential employers in future after the European Court of Human Rights condemned the lack of scope for discretion in Britain’s current vetting system.”

Full story

Daily Telegraph, 13th November 2012

Source: www.telegraph.co.uk

JSC BTA Bank v Ablyazov – WLR Daily

Posted November 9th, 2012 in committals, contempt of court, disclosure, human rights, jurisdiction, law reports by tracey

JSC BTA Bank v Ablyazov: [2012] EWCA Civ 1411;   [2012] WLR (D)  308

“The court had jurisdiction to make an order barring a defendant, who had absconded following his committal for contempt, from defending the claims against him unless within a stated period he both surrendered to custody and made proper disclosure of all his assets and dealings with them.”

WLR Daily, 6th November 2012

Source: www.iclr.co.uk