Scottish Human Rights Law Group » Data Protection and Freedom of Information

R (on the application of Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs

Susan Reddy — Sun, 07 Mar 2010 20:13:07 +0000

R (on the application of BINYAM MOHAMED) v SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH AFFAIRS (2010)

This appeal was based on Binyam Mohamed’s request for disclosure by the UK government of documentation and information, so as to assist his defence against charges which he anticipated would be brought against him by the US.Important legal issues arise from the working relationship of UK and US intelligence services and the issue of the confidentiality afforded to them, among them the principles of open justice, non-disclosure and public-interest immunity.

Reports were provided to the UK government by the US government, on the detention and treatment of Binyam Mohamed, under surveillance for suspected terrorist threat. The consideration was the balance between national security and of the openness of the judicial system, both matters being in the public interest. It was held that the issue of confidentiality amongst allied intelligence services was not absolute and that summary reports on the individual in question should form part of the judgement, on the basis that there was no potential risk therein to threaten national security and that it was in the public interest to disclose the intelligence information.

To read this judgment in full, please click here.

In the matter of Guardian News & Media Ltd & Others sub nom Mohammed Jabar Ahmed & Others v HM Treasury; Mohammed Al-Ghabra v HM Treasury; HM Treasury R (on the application of Hani El Sayed Sabaei Youssef)

Sarah Smith — Wed, 03 Feb 2010 21:52:34 +0000

Held that there was sufficient general public interest in publishing a report of proceedings challenging a freezing order to justify any curtailment of an individual’s right to respect for his private and family life.

The evidence of the effect of identification on the individual’s private life was not compelling and it was in the public interest for the media to stimulate debate concerning the use of freezing orders on those suspected of terrorist activities.

The case is available to read here.

Scottish Government Consultation on Identity Management and Privacy

Lee Jones — Sun, 20 Dec 2009 13:07:27 +0000

The Scottish Government has recently undertaken a consultation regarding the introduction and composition of Identity Management and Privacy Principles. The consultation seeks to “help ensure that respect for privacy is central to the way public services prove identity or entitlement and to help public service organisations comply with data protection and human rights legislation”.

This consultation began on 31^st August and concluded on 23^rd November 2009.

The consultation can be viewed here

Ministry of Justice Consultation on the introduction of maximum penalties

Lee Jones — Sun, 20 Dec 2009 13:05:52 +0000

This consultation by the ministry of Justice relates to the creation of maximum monetary penalties of £500,000 for serious breaches of the Data Protection Principles.

Should such penalties be introduced, the Information Commissioner’s Office will publish guidance detailing the criteria to be use and the circumstances to consider when issuing such a penalty.

This consultation opened on 9^th November 2009 and closes on 21^stDecember 2009.

The consultation can be viewed here

BKM Ltd v British Broadcasting Corporation (2009)

Lee Jones — Mon, 14 Dec 2009 16:06:27 +0000

[2009] EWHC 3151 (Ch)

While clandestine filming undertaken by the BBC with a view to exposing failings in a care home for the elderly might have seriously infringed residents’ rights to privacy under the European Convention on Human Rights 1950 art.8, it would not give rise to a sufficiently serious infringement of privacy rights to outweigh rights to freedom of expression under art.10. In the circumstances, the public interest had justified the clandestine filming.

Full case available Here