RE: EIR / FOIA and discovery by Ibrahim - written 16/06/2009 07:35:14


Hi Catherine

I am not aware of any cases on this issue in terms of FOI or EIR. I do not see that there is any restriction unless the information is covered by legal professional privelage (section 42) or is part of a court record (section 32). Th whole reason why FOI is used is that it gives access to much more information that the court rules on discovery.

There is a case in DPA on the use of subject access for litigation. See Ezsias v Welsh Ministers which is discussed in an article on the Articles page under DPA.

Catherine wrote (11/06/2009 15:35:13):

Hi Ibrahim

I was wondering if you could point me in the direction of any guidance / decision notices / IT rulings relating to the use of Information Access legislation in place of normal litigation discovery procedures?

I am trying to do some research into this, particularly how the Commissioner feels about organisations using the legislation as a cheaper way of finding out if they can bring a case.

I am particularly interested in respect of the EIR, but would appreciate any guidance or suggestions.

Many thanks



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