Information Commissioner v Islington Borough Council

Mr J Riley (instructed by Chebsey & Co) for the Claimant Owen Davies QC and Maya Sikand (instructed by Legal Services Dept, Islington Borough Council) for the Defendan t Hearing date : 2nd May 2002 ____________________

HTML VERSION OF JUDGMENT : APPROVED BY THE COURT FOR HANDING DOWN (SUBJECT TO EDITORIAL CORRECTIONS) ____________________

Question 2: The question of what weight should attach to particular evidence is always a matter for the tribunal of fact. The Council�s admission of the need for registration and failure to renew the registration did not assist the prosecution on the question of actual use. The Council needed to register simply to hold the data.

Question 3: In deciding whether or not there was sufficient evidence of recklessness the Deputy District Judge was wrong to take into account solely Mr Graney�s failings.

Question 4: The evidence had to be considered as a whole to determine whether or not there was sufficient evidence that the Council through its responsible officers and employees had committed the offence in question. An omission to act in circumstances such as these may be sufficient to amount to recklessness.