Necessity and the Data Protection Act 1998

Published on: 07 August 2013

Published by: LexisPSL

Necessity and the Data Protection Act 1998
Original news
What issues did this case raise?
To what extent is the judgment helpful in clarifying the relationship between freedom of information and data protection legislation?
What can be gleaned from this case in relation to the interpretation of the concept of necessity in this context?
What should local authorities take from this decision?
Are there still any grey areas or unresolved issues that lawyers will need to watch out for?
What are the implications of the case for lawyers?
In your view, are there any patterns or trends emerging in the law in this area?

Article summary

Local Government analysis: The Supreme Court has provided some clarity on the interaction between freedom of information (FOI) requests and data protection legislation. Professor Peter Watson, senior partner and head of litigation at Levy & McRae, advises that, given the rise of requests under the Freedom of Information (Scotland) Act 2002 (FI(S)A 2002) and the Data Protection Act 1998 (DPA 1998), solicitors representing local authorities should take particular note of this case. Sign in or take a trial to read the full analysis.