Case studies

Information law

Examples of our work in this area

• Reporting, on behalf of a public sector client, the alleged theft of sensitive personal data by a former employee who was seeking to give it to media organisations unless a sum of money was paid to him for the termination of his fixed term contract. Engaging with the police during their investigation and ensuring that none of the media organisations would deal with the individual during the process of recovering the information, which was safely achieved.
• Advising NHS clients on the extent to which they should respond to an FOIA request from a local MP on reconfiguration proposals that had been consulted on and were going before the local Health Overview and Scrutiny Committee (“HOSC”). The MP was attempting to argue there should be a referral to the Secretary of State for Health and was seeking to get the relevant NHS bodies to provide analysis not previously undertaken to establish a basis for a referral. We drafted the response making clear that was not the purpose of the FOIA and no referral was made by the HOSC.
• Capsticks advised extensively on FOIA and DPA issues in the Baby Peter case. We helped to draft the response to a request from the BBC for access to a Safeguarding Children Board annual report at the time of the Baby Peter trial, and we advised on numerous other FOIA requests by the media in respect of information about Baby Peter and his family.
• Advising on the obligations to provide information to the police, public sector regulatory bodies and professional regulatory bodies as a result of the death of Baby P and the subsequent inquiries ordered by a government department. This also involved advising on the extent to which information and reports could be shared by government departments and ensuring clear confidentiality agreements were in place prior to disclosure of information.