Information Rights: A Practitioner's Guide to Data Protection, Freedom of Information and Other Information Rights

Retaining the position it has held since first publication, the fifth edition of this leading practitioner text on information law has been thoroughly re-worked to provide comprehensive coverage of the Data Protection Act 2018 and the GDPR. Information Rights has been cited by the Supreme Court, Court of Appeal and others, and is used by practitioners, judges and all those who practise in the field. The new edition maintains its style of succinct statements of principle, supported by case law, legislative provisions and statutory guidance. Reflecting its enlarged scope and to maintain easy referencing, the work has been arranged into two volumes. The first volume is a 1,250-page commentary, divided into six parts. The first part is an overview and introduction to overarching principles. The second part provides an authoritative treatment of the data protection regime. This covers all four forms of processing (general, applied, law enforcement and security services) under the GDPR and DPA 2018. Each obligation and each right is comprehensively treated, with reference to all known case-law, both domestic and EU, including those dealing with analogous provisions in the previous data protection regime. The third part provides a detailed treatment of the environmental information regime. This recognises the treaty provenance of the regime and its distinct requirements. The fourth part continues to provide the most thorough analysis available of the Freedom of Information Act and its Scottish counterpart. As with earlier editions, every tribunal and court decision has been reviewed and, where required, referenced. The fifth part considers other sources of information rights, including common law rights, local government rights and subject-specific statutory information access regimes (eg health records, court records, audit information etc). The final part deals with practice and procedure, examining appeal and regulatory processes, criminal sanctions and so forth. The second volume comprises extensive annotated statutory material, including the DPA 2018, the GDPR, FOIA, subordinate legislation, international conventions and statutory guidance. The law is stated as at 1st February 2020.

Table of Contents:
VOLUME 1 COMMENTARY Preface Tables of Cases United Kingdom CJEU and ECtHR United States of America Australia Canada New Zealand Republic of Ireland Tables of Legislation Glossary Part I Overview Chapter 1 – Introduction Chapter 2 – Westminster legislation Chapter 3 – Scottish legislation James Findlay QC Chapter 4 – The influence of the European Convention on Human Rights etc Richard Clayton QC Chapter 5 – Exemptions: general principles Isabella Buono (sections 1-5) & Oliver Sanders QC (section 6) Chapter 6 – Prejudice and the public interest Isabella Buono Part II Data protection Chapter 7 – Data protection: introduction Isabella Buono (section 5) Chapter 8 – GDPR and DPA 2018: introduction Chapter 9 – General processing: continuing obligations Chapter 10 – General processing: data subject rights Chapter 11 – General processing: exemptions etc Chapter 12 – Law enforcement processing: continuing obligations Gerry Facenna QC & Julianne Morrison Chapter 13 – Law enforcement processing: data subject rights Gerry Facenna QC & Julianne Morrison Chapter 14 – Intelligence services processing Gerry Facenna QC & Julianne Morrison Chapter 15 – DPA 1998: concepts, rights and duties Antony White QC Chapter 16 – DPA 1998: exemptions Antony White QC Part III Environmental information Chapter 17 – Environmental information – introduction James Maurici QC & Jaqueline Lean Chapter 18 – Environmental information – rights & appeals James Maurici QC & Jacqueline Lean Chapter 19 – Environmental information – exceptions James Maurici QC & Jacqueline Lean Part IV Freedom of information Chapter 20 – The right to information Isabella Buono Chapter 21 – The duty to advise and assist, codes of practice and publication schemes Gemma White QC Chapter 22 – The request Gemma White QC Chapter 23 – Disentitlement Gemma White QC Chapter 24 – The response Gemma White QC Part V Exemptions Chapter 25 – Information otherwise accessible Gemma White QC Chapter 26 – Security bodies, national security and defence Oliver Sanders QC Chapter 27 – International and internal relations Oliver Sanders QC (section 2) Chapter 28 – Economic and financial interests Chapter 29 – Investigation, audit, law enforcement and the courts Isabella Buono Chapter 30 – Privilege Henry King QC (section 1) & Bankim Thanki QC (section 2) Chapter 31 – Policy formulation and public affairs Paul Bowen QC Chapter 32 – Research, health and safety Chapter 33 – Personal information Antony White QC Chapter 34 – Commercial and other confidentiality Gavin Millar QC Chapter 35 – Miscellaneous exemptions Oliver Sanders QC (sections 1–2), Isabella Buono (sections 3–5 & 6) & Aidan O'Neill QC (section 5) Part VI Other rights to information Chapter 36 – Historical records and public records Chapter 37 – Local government documents Chapter 38 – Medical records Chapter 39 – Business and financial information Chapter 40 – Educational information Chapter 41 – Common law rights and controls Gavin Millar QC Chapter 42 – Court-held documents Martin Westgate QC Chapter 43 – Information held by EU bodies Aidan O'Neill QC Part VII Appeals, remedies and enforcement Chapter 44 – The Information Commissioner and the tribunals HHJ Murray Shanks Chapter 45 – FOIA and EIR appeals HHJ Murray Shanks Chapter 46 – The Scottish Information Commission and FOI(S)A etc appeals James Findlay QC Chapter 47 – Freedom of information: regulatory enforcement HHJ Murray Shanks & James Findlay QC Chapter 48 – GDPR and DPA 2018: private remedies and regulatory enforcement Chapter 49 – DPA 1998: private remedies and regulatory enforcement Antony White QC Chapter 50 – Warrants, offences and immunities HHJ Murray Shanks Part VIII Comparative law Chapter 51 – The Comparative Jurisdictions VOLUME 2 MATERIALS TABLE OF MATERIALS Part I – Data Protection Part II – Freedom of Information Part III – Environmental Information Part IV – Other Rights to Information Part V – Data Protection (post-EU Exit Day) Part VI – Data Protection (pre-25 May 2018) Part VII – Procedural Material

About the Author :
Philip Coppel QC has practised in the area of Information Rights for over 20 years and has appeared in many of its leading cases. In this work, he has been joined by a pre-eminent practitioner for each area of expertise, with over 12 QCs from eight leading chambers.

Review :
The book is well-structured and clearly signposted, which helps the reader locate specific details without becoming unwillingly submerged in the complexities of the field. It therefore works on two levels: as a thorough map of the information rights landscape in the UK (as at February 2020) and also a methodical introduction to many sometimes arcane areas. Because of this, it is both a useful volume for the specialist and also accessible to those not steeped in the topic. Written with evident relish for the subject, this is an admirably holistic treatment of the ever-expanding, complex but never more important field of information law and the accompanying rights. This book is an essential addition to the bookshelf of any practitioner who has to consider information rights, however often. The book is the best kind of practitioner text: practical and clear, but also scholarly, thoughtful and analytical. Philip Coppel and his team of contributors deserve both congratulation and gratitude. For law students, and information governance professionals alike, these beautiful weighty tomes are a must-have addition to their information rights library of seminal textbooks, but they also make a supremely useful practitioner's handbook. Information Rights shines a clear and authoritative light on the law's labyrinthine structure and unfamiliar concepts … With its crisp statements of principle, supported by footnoted sources, the book makes light work of a heavy topic … Philip Coppel and his team of contributors deserve both congratulations and gratitude. Methodically laid out, easy to follow and contains ample references to the primary material where necessary … Overall this book provides an engaging and comprehensive review of the various ways in which information rights arise and can be challenged. It is likely to be an extremely valuable resource to practitioners and academics alike in light of its detailed analysis of both the domestic and international case law.