Podcast Location:
Download it here [file size: 29.6 MB]
Categories:
Information & Data Protection Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at lawyers interested in information law issues and may be of particular relevance to those working with or within a body covered by the Freedom of Information Act 2000. It aims to explore some of the topical issues currently live in this area of the law, in particular it examines when information will be ‘held’ by a public authority – even when the authority may not know it holds information which is the subject of a request. It explores a range of recent cases and decision notices as well as the developing case law surrounding the ‘public interest test’. The podcast also deals with the issues surrounding 11th-hour reliance on exemptions contained within the Act by public authorities when responding to requests for information.

Outcomes:
After completing the course you will:
  • Understand how it may be difficult in practice for a public authority to know whether it holds particular information for the purposes of the Act;
  • Understand what a public authority might do avoid engaging in what may be a highly resource intensive search for particular requested information;
  • Understand what issues arise when a public authority has to rely on electronic information backed-up on servers or other devices that are not readily accessible;
  • Understand the extent to which decisions like Keiller widen the concept of a ‘reasonable search’ for information covered by the Act;
  • Be aware of a recent case involving the Education Secretary on the FOIA issues engaged by using a private email account on which to conduct ministerial business and it’s implications;
  • Understand the thrust of the Information Commissioner’s recent guidance on the use of private email accounts and what areas of ambiguity still exist;
  • Understand what factors lead public authorities to rely on exemptions very late in the process of a request and whether such late reliance is fair on requesters;
  • Understand the difficulties raised by late reliance considered in the case of Birkett;
  • Be aware of the restrictions on raising cost as an effective exemption at a late stage;
  • Be aware of some recent guidance on the public interest test;
  • Be aware of some recent case law, in particular the extent to which ECHR Article 10 may in fact extent the rights contained in FOIA 2000 into a free-standing right of access.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Sources and References:
  • Freedom of Information Act 2000 ss 12, 35,;
  • Department of Health v IC (Freedom of Information Act 2000) [2012] UKFTT 2011_0286 (GRC);
  • Gillberg v Sweden- 41723/06 [2012] ECHR 569;
  • Kennedy v Charity Commission [2012] EWCA Civ 317;
  • Sugar & Anor v BBC [2008] EWCA Civ 191;
  • Voyias v IC & London Borough of Camden (Freedom of Information Act 2000) [2011] UKFTT EA_2011_0007 (GRC);
  • Birkett v The Department for the Environment, Food and Rural Affairs [2011] EWCA Civ 1606;
  • Donald Keiller v IC (Environmental Information Regulations 2004) [2012] UKFTT EA_2011_0152 (GRC);
  • Bromley v Information Commissioner and The Environment Agency [2007] UKIT EA_2006_0072;
  • APG v Information Commissioner & The Ministry of Defence [2011] UKUT 153 (AAC);
  • Sittampalam v Information Commissioner and BBC EA/2010/0141.
Tags:

This podcast with specialist FOIA barrister Anya Proops at 11KBW addresses a range of topical issues arising from the Freedom of Information Act 2000 including when information will be ‘held’ by a public authority, the late reliance on exemptions from disclosure and some recent cases on the public interest test.

Podcast added: 01/05/12

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