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The Law of Freedom of Information, 2nd Edition

The Law of Freedom of Information, 2nd Edition

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199544356
  • Published In: March 2009
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
New Edition is available now !
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  • Description 
  • Contents 
  • Author 
  • Reviews

Details

  • Offers a fully revised and updated edition of this well-regarded practitioner text
  • Written by an expert team of contributors from New Square chambers
  • Explains the three different regimes which apply to public information, private information and environmental information with detailed analysis of the Freedom of Information Act 2000, the Data Protection Act 1998, and the Environmental Information Regulations 2004
  • Covers Freedom of Information law in the UK, USA, Europe, and Commonwealth countries
  • Contains a new chapter on the relationship between the Freedom of Information Act 2000 and intellectual property

The Law of Freedom of Information is the standard textbook on this subject. The first edition was published to coincide with the coming into force of the Freedom of Information Act 2000, and its comprehensive, analytical approach provided the complete reference work for practitioners advising on the legislation: those working within or advising the myriad public bodies upon which the Act imposes new duties regarding the disclosure and handling of information; those advising clients with a personal, professional or commercial interest in obtaining information from those newly obliged to provide it; and those in the business community for whom the Act raises important concerns about the potential accessibility of commercially sensitive information.

Written by an expert team of public lawyers from New Square chambers, the book analyses and explains the Freedom of Information Act 2000, the Environmental Regulations 2004, and the Data Protection Act 1998. Sections of the book also consider freedom of information in the contexts of privacy, confidentiality and human rights, and cover statutes which deal with the related subjects of secrecy, whistle-blowing, money laundering, local government, intellectual property, and medical records. There is a section on the problems and opportunities which the Act offers for the business community and the impact of the internet on freedom of information. The book includes separate chapters on Scotland and Wales and the European Union as well as comparative treatment of freedom of information regimes in the United States, Ireland, and other Commonwealth and European countries.

This edition includes a new introduction explaining the three different regimes which apply to public information, private information and environmental information. A new chapter will also consider the Act in relation to intellectual property. The explanation of the Act is strengthened by discussion of the decisions, which have been made in the cases to date, and by analysis and evaluation of the guidance which has been issued. The book also refers to recent cases which have been decided in other jurisdictions, which illuminate the principles which underlie the Act.

This new edition contains extensive coverage of the cases which have been decided in the Information Tribunal, and the Commissioner's published decision. In the two and half years since the Act came into force the Information Tribunal has decided 59 cases on freedom of information, 7 on the environmental information regulations and 14 on data protection. The Commissioner has published his decisions on hundreds of cases and the first cases are about to come before the High Court. The new edition of this book is an indispensable resource for those dealing with information law.

Readership: An essential purchase for solicitors, barristers and academics working within, or advising public authorities; the media; businesses; and their advisers dealing with information; and reference libraries.

A Introduction to the Freedom of Information Act 2000
1. Which set of rules?
2. An Overview
3. The historical background

B. The Statutory Scheme
4. Access to information held by public authorities

5. Exempt information
6. Enforcement
7. Historical records
8. The position of Local Authorities

C. Environmental Information

9. The Environmental Regulations 2004

D. Personal Information

10. Data Protection

E. Europe

11. Freedom of Information in the European Union

F. Freedom of Information and the Commercial World

12. Implications for business
13. Freedom of Information in commercial disputes
14. The internet
15. Freedom of Information and intellectual property

G. Privacy, Confidentiality and Human Rights

16. Privacy and confidentiality
17. The Human Rights Act 1998

H. Related Statutes

18. Secrecy
19. Whistleblowing
20. Money laundering
21. Medical records
22. Land registration Acts, the Registration Acts and the Census Acts

I. Devolution

23. Scotland
24. Wales and Northern Ireland

J. A Comparative View

25. The Right to know in Australia, Canada, France, Ireland, New Zealand, and the USA

K. The Future

26. The Future

Appendices

Edited by John Macdonald QC, Barrister, New Square Chambers, Ross Crail, Barrister, New Square Chambers, and Clive Jones, Barrister, New Square Chambers

Contributors: 

All contributors are barristers at New Square Chambers, London

Colin Braham
Stephen Schaw Miller
Ian Peacock
Adrian Pay
Mark Hubbard
Edwin Simpson
Shelley White
Emily Gillett
Watson Pringle
Charlotte Ford

Review(s) from previous edition

"With any book that sets out to become the leading practitioner's text in relation to an Act...the editorial skill lies in developing a full, accurate but concise statement of the law and the relevant principles to be applied, with suitable footnotes, references, and analysis. In this object, the book achieves substantial success. - Jeremy Hyam, 1 Crown Office Row, New Law Journal, October 2004

"Much has been said about the FOI Act, but this is, beyond doubt, the most authoritative work on the subject" - Journal of the Commonwealth Lawyers

"...major work on freedom of information...will be hugely valuable as a reference book in the years ahead as lawyers struggle with the complexities of the new legislation...the commendably simple, clear language of the text will make the book's exposition of the law as accessible to non-lawyers as to lawyers" - Media Lawyer

"This new edition of the text comfortably maintains the text's status as one of the market leaders, especially for practitioners, and its attention to detail and accuracy should also commend it to an academic audience seeking a succinct and comprehensive statement of the law." - Daniel J Carr, The Edinburgh Law Review

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