In a message dated 16/01/04 20:21:22 GMT Standard Time,
[log in to unmask] writes:
> What would happen if the Court of Appeal made a decision which was not
> compliant with the Human Rights Act?
----------
There is also the issue of the decision not complying with the original
Directive, as mentioned by Paul Hubert at Leeds Met. From my recollection of EU
law, public bodies (and companies undertaking a public function) are required to
follow the original Directive if the member state's law does not adequately
cover the situation.
If an appeal goes to the HoL they are likely (based on the perception that
many of them want access to their own data but would like to keep secret files
on the rest of us) to concur with the CoA. I suspect this one would have to go
all the way to Europe - and judging by their recent decisions, I'm not sure
the case would succeed. Even if it did, the only redress for the individual
would be financial compensation.
It appears to me that the goalposts have moved and government functions are
now more important than the rights of the individual. Or am I just being
cynical?
I suspect that the majority of organisations will not have the same sorts of
files as the FSA, organised (or not) in the same way and therefore the case
will be irrelevant. Public bodies will, as a result of the case, have to deal
with more FoI queries from individuals and will have to collate the information
more quickly (20 days not 40).
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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