Case Law: Kennedy v Charity Commission, Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – David Hart QC

31 03 2014

news-graphics-2007-_637463aIn the case of Kennedy v Chairty Commission ([2014] UKSC 20), in judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000. Read the rest of this entry »

Case Law: R (Evans) v Attorney-General, Prince Charles’ advocacy letters should be produced – David Hart QC

18 03 2014

Prince CharlesIn the case of R (Evans) v Attorney-General ([2014] EWCA Civ 254) the Court of Appeal (reversing a strong court including the former Lord Chief Justice – see my previous post) has decided that correspondence between the Prince of Wales and various government departments should be released. Read the rest of this entry »

The Right to Freedom of Expression and Information under the European Human Rights System : Towards a more Transparent Democratic Society – Dirk Voorhoof

14 02 2014

ARCHITECTURE STOCKSome commentary on recent case law of the Strasbourg Court relating to freedom of expression, media and journalism might give the impression that the Court of Human Rights has lost direction. This impression would be misleading. Read the rest of this entry »

Appeal: If you love freedom of information, will you help the CFOI survive?

24 01 2014

confidential_animationThe Campaign for Freedom of Information (“CFOI”) has an immediate and short term cash-flow problem. Despite its modest expenditure, CFOI needs to raise nearly £25,000 to ensure its survival through to the end of March 2014.  CFOI has launched an urgent appeal for funds, to which donations can be made online.  CFOI asks you to support it now. Read the rest of this entry »

Case Law, Spain: Gonzalo Miró v Gestevisión Telecinco SA, Speculation about paternity violates right to privacy

6 01 2014

Gonzalo MiroIn an important new privacy judgment the Spanish Constitutional Court has held that a television company violated the right to privacy of Gonzalo Miró Romero, son of the late Pilar Miró, by speculating about the identity of his father, a fact that he and his mother had never made ​​public. Read the rest of this entry »

The ICO Consults on the Future of Information Rights Regulation – Orla Lynskey

12 12 2013

ico-logo-blue-grey-370x229On 28 November the Information Commissioner’s Office (“ICO”), the UK’s regulator for certain information rights (data protection and freedom of information) published a draft document entitled ‘Looking Ahead, Staying Ahead: towards a 2020 vision for information rights’, as well as an accompanying consultation questionnaire for stakeholders. Read the rest of this entry »

The press and NGOs’ right of access to official documents: strict scrutiny in the Court of Human Rights – Dirk Voorhoof and Rónán Ó Fathaigh

6 12 2013

Tyrol-Austria-austria-31748795-500-375In its judgment of 28 November 2013 in the case of Österreichische Vereinigung zur Erhaltung, Stärkung und Schaffung eines wirtschaftlich gesunden land- und forstwirt­schaftlichen Grundbesitzes v. Austria (OVESSG) the European Court of Human Rights has further clarified and expanded the scope of application of Article 10 of the Convention with regard to the right of access to public documents.  The judgment is especially supportive for requests by journalists and NGOs to have access to official documents. Read the rest of this entry »


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