Freedom of Information and Data Protection

Practice Summary

Doughty Street members practising in this area have extensive experience in advising and representing individuals and organisations in data protection and freedom of information cases at all judicial levels from the Information Tribunal up to the Supreme Court and the European Court of Human Rights.

Data protection is part of the law of privacy and is a right recognised under Article 8 ECHR. Information Law Team members have been involved in a number of ground-breaking cases relying on Article 8 and/or data protection principles concerning the police’s retention of DNA samples, biometric data, custody photographs and other information gathered in the course of police investigations.

Drawing on their expertise in human rights law, Information Law Team members have also invoked the Data Protection Act in civil claims and judicial review in a wide range of contexts including CCTV and surveillance, Enhanced Criminal Record Certificates, Harassment Warning Notices, the publication of sensitive personal data and loss of personal data held on discs. Team members also advise public and private sector organisations on compliance with the Data Protection Act.

The Information Law Team has also acted in a wide range of freedom of information cases, in both an advisory capacity and in cases before the Information Tribunal. A number of team members have acted in cases raising national security issues and two members are Special Advocates.

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