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Information victory over cancer cases

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Published Date: 02 December 2006
SCOTLAND'S information watchdog has won the first court fight with ministers over the disclosure of data.
Kevin Dunion's victory yesterday will be toasted by the Green Party, which he had ruled should be given details of leukaemia cases in Dumfries and Galloway. The party wanted the information to examine the effect of radioactive waste from the Sellafield plant in Cumbria.

The Common Services Agency had challenged the ruling by Mr Dunion, the Scottish Information Commissioner, but three appeal judges in the Court of Session, led by the country's senior judge, decided that the information should be provided.

One of the judges remarked that the Freedom of Information (Scotland) Act should be construed as liberally as possible.

Another five cases between Mr Dunion and ministers, involving different aspects of the act, are pending.

Lord Marnoch said: "I am of the opinion that the statute should be construed in as liberal a manner as possible."



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  • Last Updated: 01 December 2006 10:38 PM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Freedom of information
 
1

Peter Cherbi,

Edinburgh 02/12/2006 03:08:53

Obviously something to hide on this one which merits so much taxpayers money being wasted trying to keep the information secret.

How about the Scotsman find out how much money is going on these court cases to defend against disclosure ? Must be quite a bit, with all those QCs and Court of Session time ...

Fear of discovery & litigation, is it ? but I'm sure some of the papers which may eventually find their way into the hands of the Green Party & local residents will be well doctored & fiddled beforehand.

2

Mallory,

02/12/2006 07:04:37

Peter

you must learn to stop asking akward questions about Scotland's justice system - vested interests are getting worried.

3

freetalkscotland,

Scotland's leading discussion forum 02/12/2006 10:47:22

Lord Marnoch's comment about the most liberal interpretation of the Act is a victory for transparent government which will make the old-style civil servants apoplectic.

4

Robert,

Kirriemuir 02/12/2006 11:28:30

I recall asking a surgeon for a copy of my X-ray and it was declined on the basis that it was NHS property! Who owns the NHS; the public; who am I; a member of the public but, with no rights of access to my personal information. This was, of course, before the Act came into existence. I am glad that Lord Marnoch has ruled that the spirit of the Act must be interpreted liberally and I trust that this piece of case-law will apply generally. I recognise that there will be a reaction to this piece of legislation and those who have matters to hide or something to fear will find ways around it but while ideally such legislation should morally be unnecessary in reality the Act is overdue. While I have not, as yet, read this Act I certainly will do but I do hope that it makes destroying or withholding information an indictable misdeamour or even a felony. I have noticed that many organisations have reduced the time limits for the retention of information but my own view is that information regarding any person should be retained until at least 10 years after their death or an age when it can be reasonably presumed that death has occurred.

5

freetalkscotland,

Scotland's leading discussion forum 02/12/2006 11:42:09

#4 It's unlikely that you would get your x-ray under FOI. Instead, personal information relating to the applicant should be asked for under the Data Protection Act 1998.

(The reasoning behind this is that releasing information under FOI makes it public knowledge and most personal information should, presumably, be kept private.)

6

Peter Cherbi,

Edinburgh 02/12/2006 12:42:35

It's more likely that doctor won't hand over said xray incase it turns out awhile later something was missed & said patient dies or gets a major illness.

The government keep telling us now to keep fit, dont get fat, know more about your own health ... and ... deny us even the basic copies of our own health files ... having actually had a look at a medical file - I can see why they don't want to release them ... too much personal comment on some patients might land someone in trouble ... along with all the missed stuff ... better not give the patients what they need to know about themselves ...

Nothing new here though - we all remember what extent the Executive & health authorities went to cover up files in the Hep C blood scandal - errm .. they destroyed them, right ? or is it just that there's too much incriminating info which would lead to litigation & charges of negligence against some who went on to be high flyers on the backs of the dead.

7

Peter Cherbi,

Edinburgh 02/12/2006 12:50:46

#Mallory .. quite true it seems ... but it's such fun seeing them squirm in dishonesty & fraud when the questions are posed.

8

fair and free,

Colchester 04/12/2006 09:43:01

Thank goodness for some integrity at last! I have been trying to extract similar data for a number of years, playing tight-fisted poker with highly qualified people whose salaries we pay to look after the public good. I hope the rest of the UK's guardians of the awkward treasure of facts that don't fit their philosophy are now quaking in their boots.


 

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