The DPA and non-defamatory falsehoods

J Roberts made this Freedom of Information request to Information Commissioner's Office

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Information Commissioner's Office did not have the information requested.

Dear Information Commissioner’s Office,

Warby J has remarked that:

"107 It is now clear law that a claim may be made under the DPA in respect of the publication in good faith of non-defamatory falsehoods."

http://www.bailii.org/ew/cases/EWHC/QB/2...

If you hold a list of legal judgments concerning the sort of claim referred to by Warby J, please provide the information.

Yours faithfully,

J Roberts

AccessICOinformation, Information Commissioner's Office

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Yours sincerely

The Information Commissioner’s Office

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References

Visible links
1. http://ico.org.uk/about_us/how_we_comply
2. https://ico.org.uk/global/privacy-notice/
3. http://www.ico.org.uk/tools_and_resource...
4. http://www.twitter.com/ICOnews

Information Commissioner's Office

11 July 2018

 

Case Reference Number IRQ0763627

 

Dear Mr Roberts

 
We are now ready to respond to your request for information to the
Information Commissioner’s Office (ICO), which we received on 7 July.
 
We have considered your request under the Freedom of Information Act 2000.
 
Your request
 
You asked us:
 
“Warby J has remarked that: "107 It is now clear law that a claim may be
made under the DPA in respect of the publication in good faith of
non-defamatory falsehoods."
[1]http://www.bailii.org/ew/cases/EWHC/QB/2...
 
If you hold a list of legal judgments concerning the sort of claim
referred to by Warby J.”
 
Our response 
 
We can confirm that we do not hold any information within the scope of
your request.
 
The ICO only keeps records of legal judgements it itself has been involved
in, and these are not compiled into a list of like judgements.
 
As you will no doubt be aware, data protection law has recently changed.
To find out more about individual rights and the duties of organisations
regarding data accuracy, please read our [2]guide to GDPR.
 
This concludes our response.
 
Next steps
 
If you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your
request has been handled you should write to the Information Access team
at the address below or email [3][ICO request email]
 
Your request for internal review should be submitted to us within 40
working days of receipt by you of this response.  Any such request
received after this time will only be considered at the discretion of the
Commissioner.
 
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the Customer Contact department, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information Act
or Environmental Information Regulations complaint online.
 
A copy of our review procedure is available [4]here.
 
For information about what we do with personal data see our [5]privacy
notice.
 
Your rights
 
In the acknowledgement of your request we provided you with information
and a link to our [6]Privacy notice which explains what we do with the
personal data you provide to us and what your rights are.
 
In order that you are clear about the purpose and legal basis for the ICO
processing your personal data please click on the following links, as
appropriate – [7]'a complainant', [8]'an enquirer',
[9]'a job applicant', [10]'an ICO grants programme applicant'
[11]'subject of an investigation by the ICO', [12]'a whistleblower' or
[13]'an information requester'. Any other individual can click on the
Privacy notice link above.
 
Our retention policy can be found [14]here.
 
Yours sincerely,
 

Frederick Aspbury
Lead Information Access Officer
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
T. 0330 414 6397 F. 01625 524510  [15]ico.org.uk  [16]twitter.com/iconews
Please consider the environment before printing this email
For information about what we do with personal data see our [17]privacy
notice

References

Visible links
1. http://www.bailii.org/ew/cases/EWHC/QB/2...
2. https://ico.org.uk/for-organisations/gui...
3. mailto:[ICO request email]
4. https://ico.org.uk/media/about-the-ico/p...
5. https://ico.org.uk/global/privacy-notice/
6. https://ico.org.uk/global/privacy-notice/
7. https://ico.org.uk/global/privacy-notice...
8. https://ico.org.uk/global/privacy-notice...
9. https://ico.org.uk/global/privacy-notice...
10. https://ico.org.uk/global/privacy-notice...
11. https://ico.org.uk/global/privacy-notice...
12. https://ico.org.uk/global/privacy-notice...
13. https://ico.org.uk/global/privacy-notice...
14. https://ico.org.uk/media/about-the-ico/p...
15. http://ico.org.uk/
16. https://twitter.com/iconews
17. https://ico.org.uk/global/privacy-notice/