Government and Information Rights: The Law Relating to Access, Disclosure and their Regulation

✍ Scribed by Patrick Birkinshaw; Mike Varney

• Publisher: Bloomsbury Professional
• Year: 2019
• Tongue: English
• Leaves: 1171
• Category: Library

✦ Synopsis

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✦ Table of Contents

Preface
List of abbreviations
Table of statutes
Table of statutory instruments
Table of European legislation
Table of international legislation
Table of cases
Chapter 1 The freedom of information legislation
Introduction and overview
The Commons Public Administration Committee’s investigation
The exemptions
The Information Commissioner (IC)
Data protection and access to information
Coverage
Codes
Points of significant departure from the White Paper
Preparing for the Act
How the Act works
The Independent Commission on Freedom of Information
The Scottish Freedom of Information Act 2002
The Welsh Assembly Code
Conclusion
Chapter 2 Data protection, access to personal information and privacy protection
Introduction – the context of Data Protection Reform
Introducing DPA
Data Protection Act 2018
Records and the common law
Access to Medical Reports Act 1988
Access to Health Records Act 1990
Privacy protection
The press and media
Injunctions and super-injunctions
Data exchange, matching and information sharing and other problems
Data held by the police and records
Duties to disclose information
Privacy and Electronic Communications (EC Directive) Regulations 2003
The eIDAS Regulation
Computer misuse and ‘hacking’
Chapter 3 Access to environmental information
Introduction
The Environmental Information Regulations 2004
Costs under EIR cases
Spatial data
Chapter 4 Central government
Introduction
The 1994 Code on Access (revised in 1997)
The use of the Ombudsman
The Code
The movement to transparency
Government and the internet
Re-use of public sector information
Format of documents
Public Records Acts as amended by the Freedom of Information Act 2000
Provision of information to Parliament
Government publicity and the media and press
Elections and referendums
Select Committees
Parliamentary Commissioner for Administration – Parliamentary Ombudsman
Civil servants and their duties and responsibilities to ministers
Official Secrets Acts 1911–1989 (OSAs 1911–1989)
Security classifications
The categories of protected information
The Regulation of Investigatory Powers Act 2000 and the Investigatory Powers Act 2016
Information entrusted ‘in confidence’ to other states or international organisations
Receipt of unauthorised information or that entrusted in confidence
What constitutes lawful authority?
Safeguarding information
Role of the Attorney-General and penalties
Police powers
Exclusion of public from proceedings
Public interest defence
Defence of prior publication
MPs and privilege
Legal professional privilege
Defence and Security Media Advisory System (D notice system)
Formalities, discipline, authors and the OSA 1989
The Official Secrets Act 1989 and the European Court of Human Rights
Law Commission Consultation on Protection of Official Data
Public Interest Disclosure Act 1998 as amended
The law relating to the protection of confidentiality
Privacy protection
Banning broadcasting
Chapter 5 The European perspective
The Decisions and the Code on Access
The EC Regulation on Access (Article 255 EC)
Commission proposals for ‘recasting’ Regulation 1049/2001
The European Ombudsman
Brexit and future relationships concerning access
The Council of Europe
Chapter 6 Local government as providers and keepers of information
Introduction
New model executives for authorities
Executive meetings and access to information
Local government and administrative practice on access
The Local Government and Housing Act 1989
Standards of conduct
‘Whistleblower’ arrangements – Public Interest Disclosure Act 1998
Commission for local administration
Restricting publicity by authorities
Quasi local government
Section 137 expenditure
Economic development
Local enterprise partnerships
Local authority loans
Local authorities and controlled companies
Urban development corporations
Housing action trusts
Council tax
Non-domestic rating
Local access forums
Police
Chapter 7 Restrictions on the use of, and access to, information by public officials and representatives
Central government
European Union
Local government
Other public bodies
Publication of information
Regulatory agencies
Executive agencies
Appointments to public bodies and terms of conduct
Chapter 8 Public access to information and access to meetings
General access under the Local Government (Access to Information) Act 1985
Local authority meetings
Public Bodies (Admission to Meetings) Act 1960
Extension of Local Government (Access to Information) Act 1985
Conclusion
Chapter 9 Information and open government – specific areas
Policy and finance in local government
Education
Housing
Planning and the environment
Commercial enterprise and contracting
Chapter 10 Information, redress of grievance and judicial review
Introduction
Internal complaints and grievance procedures
Complaints
Remedies
Internal complaints procedures, ombudsmen, tribunals and courts
The Response to Leggatt
ADR and the courts
The Draft Public Service Ombudsman Bill
Redress of grievance within authorities and openness and information
Fair procedure, information, openness and the courts
Chapter 11 Litigation and information
In camera or private hearings
Protocols on police information
Disclosure (discovery)
Disclosure and judicial review
Public interest immunity
Legal professional privilege
Other forms of privilege
Freezing orders and search orders
Proceeds of Crime Act 2002
European law
Chapter 12 The National Audit Office and the Comptroller and Auditor General
The National Audit Act 1983
Economy, efficiency and effectiveness – the ‘three Es’
The exclusion of policy
The CAG reports
Annex A Freedom of Information Act 2000, Schedule 1
Annex B List of statutory provisions concerning prohibitions on disclosure of information
Index