Information Rights

“An essential addition to the bookshelf of any practitioner who has to consider information rights, however often. The book is the best kind of practitioner text: practical and clear, but also scholarly, thoughtful and analytical.” (Sarah Hannett KC, Judicial Review) Retaining the position it has held since first publication, this is the 6th edition of the leading practitioner text on all aspects of information law. The latest edition includes a substantially enlarged set of chapters on appeals, enforcement, and remedies, as well as covering over 250 new judgments and decisions published since the last edition. Information Rights has been cited by the Supreme Court, Court of Appeal and the Tribunals, and is used by practitioners, judges and all those who practise in the field, including journalists. The new edition maintains its style of succinct statements of principle, supported by case law, legislative provisions, and statutory guidance. The work is divided into 2 volumes. Volume 1 is a 1,500-page commentary, with a comprehensive coverage of the data protection regime, freedom of information and environmental information law, as well as other rights of access to official information such as local government legislation and the Public Records Act. There is detailed coverage of appeal and regulatory procedures. Volume 2 comprises extensive annotated statutory material, including the DPA 2018, the UK GDPR, FOIA, Tribunal rules and statutory guidance. Contributors: James Findlay KC, Olivia Davies, John Fitzsimons, Richard Hanstock and Dr Christina Lienen (all of Cornerstone Barristers); Antony White KC, Sarah Hannett KC, Sara Mansoori KC and Aidan Wills (all of Matrix Chambers); Aidan Eardley KC and Clara Hamer (both of 5RB); Rupert Bowers KC and Martin Westgate KC (both of Doughty Street Chambers); Henry King KC and Bankim Thanki KC (both of Fountain Court Chambers); James Maurici KC and Jacqueline Lean (both of Landmark Chambers); Gemma White KC (Blackstone Chambers); Oliver Sanders KC (1 Crown Office Row); Saima Hanif KC (3VB); Jennifer Thelen (39 Essex Chambers); and Simon McKay (McKay Law).

This is the fourth edition of what is the leading practitioner's text on freedom of information law. Providing in-depth legal analysis and practical guidance, it offers complete, authoritative coverage for anyone either making, handling or adjudicating upon requests for official information. The three years since the previous edition have seen numerous important decisions from the courts and tribunals in the area. These and earlier authorities supply the basis for clear statements of principle, which the work supports by reference to all relevant cases. The book is logically organised so that the practitioner can quickly locate the relevant text. It commences with an historical analysis that sets out the object of the legislation and its relationship with other aspects of public law. Full references to Hansard and other Parliamentary materials are provided. This is followed by a summary of the regime in five other jurisdictions, providing comparative jurisprudence which can assist in resolving undecided points. The potential of the Human Rights Act 1998 to support rights of access is dealt with in some detail, with reference to all ECHR cases. Next follows a series of chapters dealing with rights of access under other legislative regimes, covering information held by EU bodies, requests under the Data Protection Act and the Environmental Information Regulations, public records, as well as type-specific rights of access. These introduce the practitioner to useful rights of access that might otherwise be overlooked. They are arranged thematically to ensure ready identification of potentially relevant ones. The book then considers practical aspects of information requests: the persons who may make them; the bodies to whom they may be made; the time allowed for responding; the modes of response; fees and vexatious requests; the duty to advise and assist; the codes of practice; government guidance and its status; transferring of requests; third party consultation. The next 13 chapters, comprising over half the book, are devoted to exemptions. These start with two important chapters dealing with general exemption principles, including the notions of 'prejudice' and the 'public interest'. The arrangement of these chapters reflects the arrangement of the FOI Act, but the text is careful to include analogous references to the Environmental Information Regulations and the Data Protection Act 1998. With each chapter, the exemption is carefully analysed, starting with its Parliamentary history (giving full references to Hansard and other Parliamentary material) and the treatment given in the comparative jurisdictions. The analysis then turns to consider all court judgments and tribunal decisions dealing with the exemption. The principles are stated in the text, with footnotes giving all available references. Whether to prepare a case or to prepare a response to a request, these chapters allow the practitioner to get on top of the exemption rapidly and authoritatively. The book concludes with three chapters setting out the role of the Information Commissioner and the Tribunal, appeals and enforcement. The chapter on appeals allows the practitioner to be familiar with the processes followed in the tribunal, picking up on the jurisprudence as it has emerged in the last eight or so years. Appendices include: precedent requests for information; a step-by-step guide to responding to a request; comparative tables; and a table of the FOI Act's Parliamentary history. Finally, the book includes an annotated copy of the FOIA Act, the Data Protection Act 1998, the Environmental Information Regulations 2004, all subordinate legislation made under them, EU legislation, Tribunal rules and practice directions, and the Codes of Practice.ContributorsProf John Angel, former President of the Information TribunalRichard Clayton QC, 4-5 Gray's Inn SquareJoanne Clement, 11 KBWGerry Facena, Monkton ChambersEleanor Gray QC

Government and Information: The Law Relating to Access, Disclosure and their Regulation is the leading text offering comprehensive and practical advice on the access, disclosure and retention of government records under UK, EU and ECHR requirements. It is essential reading for all those dealing with public authority information. The fifth edition is extensively revised following numerous developments in both UK and EU law as well as the ever expanding case law on information rights under statutory, Convention and common law provisions. Legislation: Justice and Security Act 2013; Crime and Courts Act 2013 (s 34 in relation to press standards following Leveson); Re-use of Public Sector Information Regulations 2015 Investigatory Powers Bill 2016; Environmental Information Regulations 2004; General Data Protection Regulation 2016; Key cases since the last edition include: Evans v Attorney General [2015] UKSC 21 - the SC ruled that the Attorney General had acted unlawfully in issuing a veto preventing disclosure Kennedy v Charities Commission [2014] UKSC 20 - Supreme Court extended the ambit of the common law in relation to access to information and transparency Case 362/14 Schrems [2015]) - involving data transfer to the USA PJS v Newsgroup Newspapers ltd [2016] UKSC 26 – developing the law of personal privacy

Information requirements have become a key element of consumer policy at the European level and are also gaining increasing importance in all other areas of private law. The law stipulates that information provided should not be misleading and also involves requirements regarding the fairness and objectivity of what has been provided. In addition to controlling the veracity of what is voluntarily offered by traders, the law increasingly requires disclosure of certain information. This volume focuses especially on the question of how these information requirements influence the party autonomy. International contributors explore in various contexts whether the legislative policy regarding the information requirements and their relationship to party autonomy has been properly thought through.

Including real-world scenarios and best practices, this text presents the important topics of patents, trademarks, and copyrights in relation to intellectual property creators and consumers. Comprehending intellectual property rights is critical in today's world in order to negotiate the challenges associated with all kinds of intellectual properties, from patents to trademarks to copyright. Created for courses but useful for a wide range of readers, Intellectual Property and Information Rights for Librarians teaches intellectual property literacy, allowing teachers and students to easily understand the range of intellectual property issues, including both creator and consumer rights. Author John Schlipp, an intellectual property librarian and professor, guides readers through intellectual property and information rights issues for today's professionals in information-based careers. Real-world issues are emphasized, including fair use, which is covered in reference to the First Amendment. Information rights topics examined include legal and ethical issues such as freedom of information, internet regulations, privacy, cybercrime, and security. This text serves as a comprehensive reference and a collection of best practices that addresses all types of intellectual properties in one book.

“An essential addition to the bookshelf of any practitioner who has to consider information rights, however often. The book is the best kind of practitioner text: practical and clear, but also scholarly, thoughtful and analytical.” (Sarah Hannett KC, Judicial Review) Retaining the position it has held since first publication, this is the 6th edition of the leading practitioner text on all aspects of information law. The latest edition includes a substantially enlarged set of chapters on appeals, enforcement, and remedies, as well as covering over 250 new judgments and decisions published since the last edition. Information Rights has been cited by the Supreme Court, Court of Appeal and the Tribunals, and is used by practitioners, judges and all those who practise in the field, including journalists. The new edition maintains its style of succinct statements of principle, supported by case law, legislative provisions, and statutory guidance. The work is divided into 2 volumes. Volume 1 is a 1,500-page commentary, with a comprehensive coverage of the data protection regime, freedom of information and environmental information law, as well as other rights of access to official information such as local government legislation and the Public Records Act. There is detailed coverage of appeal and regulatory procedures. Volume 2 comprises extensive annotated statutory material, including the DPA 2018, the UK GDPR, FOIA, Tribunal rules and statutory guidance. Contributors: James Findlay KC, Olivia Davies, John Fitzsimons, Richard Hanstock and Dr Christina Lienen (all of Cornerstone Barristers); Antony White KC, Sarah Hannett KC, Sara Mansoori KC and Aidan Wills (all of Matrix Chambers); Aidan Eardley KC and Clara Hamer (both of 5RB); Rupert Bowers KC and Martin Westgate KC (both of Doughty Street Chambers); Henry King KC and Bankim Thanki KC (both of Fountain Court Chambers); James Maurici KC and Jacqueline Lean (both of Landmark Chambers); Gemma White KC (Blackstone Chambers); Oliver Sanders KC (1 Crown Office Row); Saima Hanif KC (3VB); Jennifer Thelen (39 Essex Chambers); and Simon McKay (McKay Law).

Disability, Human Rights, and Information Technology addresses the global issue of equal access to information and communications technology (ICT) by persons with disabilities. The right to access the same digital content at the same time and at the same cost as people without disabilities is implicit in several human rights instruments and is featured prominently in Articles 9 and 21 of the Convention on the Rights of Persons with Disabilities. The right to access ICT, moreover, invokes complementary civil and human rights issues: freedom of expression; freedom to information; political participation; civic engagement; inclusive education; the right to access the highest level of scientific and technological information; and participation in social and cultural opportunities. Despite the ready availability and minimal cost of technology to enable people with disabilities to access ICT on an equal footing as consumers without disabilities, prevailing practice around the globe continues to result in their exclusion. Questions and complexities may also arise where technologies advance ahead of existing laws and policies, where legal norms are established but not yet implemented, or where legal rights are defined but clear technical implementations are not yet established. At the intersection of human-computer interaction, disability rights, civil rights, human rights, international development, and public policy, the volume's contributors examine crucial yet underexplored areas, including technology access for people with cognitive impairments, public financing of information technology, accessibility and e-learning, and human rights and social inclusion. Contributors: John Bertot, Peter Blanck, Judy Brewer, Joyram Chakraborty, Tim Elder, Jim Fruchterman, G. Anthony Giannoumis, Paul Jaeger, Sanjay Jain, Deborah Kaplan, Raja Kushalnagar, Jonathan Lazar, Fredric I. Lederer, Janet E. Lord, Ravi Malhotra, Jorge Manhique, Mirriam Nthenge, Joyojeet Pal, Megan A. Rusciano, David Sloan, Michael Ashley Stein, Brian Wentz, Marco Winckler, Mary J. Ziegler.

This book covers the developing field of open source research and discusses how to use social media, satellite imagery, big data analytics, and user-generated content to strengthen human rights research and investigations. The topics are presented in an accessible format through extensive use of images and data visualization (éditeur).