Monday, December 04, 2006

Scotland - first FOIA court case

From BBC news, an important case from Scotland (note that Scotland does not have the Tribunal step as under the Uk FOIA - cases go from ICO to Court"):

Information commissioner Kevin Dunion has won a legal battle over the release of data relating to childhood leukaemia cases in Dumfries and Galloway. Appeal judges ruled in his favour after he required the details be revealed under Freedom of Information laws. The Common Services Agency (CSA), which provides such statistics, had raised concern about releasing personal data. Judges at the Court of Session rejected its appeal, saying the risk of identification had been minimised. The Lord President, Lord Hamilton, ruled that disclosure of the data in such a way did not infringe the rights to privacy of the individual children.

The Opinion of the Court of Session

The Scottish Information Commissioner's decision on the case Michael Collie and the Common Services Agency

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