Mr. Collie Goes to London: - The House of Lords Decision in Common Services Agency vs. The Scottish Information Commissioner

Abstract

July 2008 saw a conclusion to a case which began with a request to the Common Services Agency for the Scottish Health Service (hereinafter ‘the CSA') under the Freedom of Information (Scotland) Act 2002 (hereinafter ‘FOISA') and culminated in a hearing in front of the House of Lords as Court of Appeal. The outcome, however, can be considered both a triumph and a failure for data protection law.This paper analyzes the House of Lords decision to determine whether the judgment has provided more legal clarity in an area in which guidance is still very much required.