Local Government Adviser: Information Law Newsletter - May 2014 - DAC Beachcroft

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Local Government Adviser: Information Law Newsletter - May 2014

Published On: 20 May 2014

This is our first information law newsletter specifically for local authorities.

The ICO has been busy recently, issuing some significant decisions and useful guidance.

Sandwell Council has won its FOI appeal against the Department for Education ("DfE"). The ICO has issued a decision notice requiring the DfE to disclose details about its decision to end the Council's £125m Building Schools for the Future programme.

The ICO has also issued new guidance for public authorities on how to deal with FOI requests made through social media, as well as how information requested under FOIA and EIR should be provided.

The Child Protection Information Sharing Project has been launched. This will build on existing practices and help facilitate the sharing of child protection information between the NHS and local authorities at a national level for the first time.

The Government has also recently published a new Code of Practice for local authorities on data transparency. We will cover this in more detail in our next newsletter.

All this and more in this month's update. Please forward this newsletter to colleagues who can sign up to receive future updates here.

Data Protection and Confidentiality

Click to read more on each of the developments:

  • Durant revisited: Court of Appeal rules that a person's name alone is (usually) personal data
  • Ban on requiring employees to produce information obtained through subject access requests imminent (s56 DPA)
  • European Parliament threatens to suspend Safe Harbor Framework used for sharing data with the US
  • Microsoft to withdraw support for Windows XP and Office 2003
  • ICO publishes Code of Practice on privacy impact assessments
  • ICO updates its Code of Practice on subject access requests - including inspection of manual health records
  • ICO sets out its corporate objectives for 2014-2017
  • Christopher Graham reappointed as ICO
  • European advisory body issues opinion on big data
  • ICO fines police force £100,000 for materials found in a former police station
  • Other ICO fines issued
  • ICO undertakings issued

Freedom of Information Act and Environmental Information Regulations

Click to read more on each of the developments:

  • Transport Minister exercises FOIA/EIR veto on HS2 request  
  • Court of Appeal overturns Government veto on Prince Charles' correspondence with the Government
  • Supreme Court ruling in Kennedy – FOIA, freedom of expression and more court challenge
  • Government forced to release Building Schools for the Future information
  • ICO issues new guidance: Recognising a request made under the Freedom of Information Act (Section 8) – which includes guidance on how to handle requests made by social media
  • New guidance on the means of communicating information and the form and format it is provided in
  • ICO says greater clarity needed over public sector suppliers' FOIA responsibilities

Health and Social Care Integration

Click to read more on each of the developments:

  • Child protection information sharing project launched

EU Data Protection Regulation Developments

Click to read more on each of the developments:

  • European Parliament supports draft Data Protection Regulation
  • European Parliament votes on EU cybersecurity directive

Other News

Click to read more on each of the developments:

  • Local Audit and Accountability Act now in force