Cornerstone on Information Law

Damien Welfare is a barrister at Cornerstone Barristers, who specialises in Information Law. His practice covers advice and representation on complex Data Protection, Freedom of Information (‘FOI’) and Environmental Information Regulations (‘EIR’) matters. He also provides well-received training seminars for Data Protection Officers, FOI or Information Officers, and lawyers in these fields. Damien came to the Bar in 2001, following a career in local government, and became involved in Information Law from the inception of the FOI and EIR regimes in 2005. Both the seminars, in which he emphasises a practical approach, and his previous experience in the public sector, have informed the book, and the many examples within it. He has a particular interest in the EIR, which he considers have been over-shadowed by the FOI regime despite their importance. Recently, he has focused on the interpretation of the Data Protection Act 2018, and on the proposed future regime for data protection in the UK after Brexit.

Although there have been commentaries on the subject over the years, comprehensive practical guides covering all aspects of this branch of the law have been scarce on the ground. This book fills the gap admirably...This is a book which no one who has serious responsibilities for information handling can afford to ignore.

• Part 1 Data Protection 1 Introduction and Key Points 2 GDPR and Data Protection Act 2018 3 Definitions in the GDPR and Territorial Scope 4 Data Protection Principles 5 Lawful Bases of Processing 6 Transparency and Privacy Notices 7 Right of Access 8 Other Individual Rights 9 Exemptions under the DPA 2018 10 Sharing Personal Data 11 International Transfers 12 Electronic Communications and Marketing 13 Data Protection Impact Assessments 14 Data Protection Officer 15 Data Breaches 16 Enforcement and Appeals 17 Law Enforcement Processing (DPA 2018, Part 3) Part 2 Environmental Information 18 The Breadth and Importance of Environmental Information 19 Definition of Environmental Information 20 Similarities With, and Differences from, FOIA 2000 21 Handling EIR Requests 22 EIR Exceptions 1: Regulation 12(4) 23 EIR Exceptions 2: Regulation 12(5) and Personal Data Part 3 Freedom of Information 24 Duties and Process 25 Freedom of Information Exemptions 1 26 Freedom of Information Exemptions 2 27 Personal Data in Information Requests Appendix 1 – GDPR – (informal) List of Provisions Appendix 2 – Correlation Table between GDPR Recitals and Articles Appendix 3 – Data Protection Resources Appendix 4 – Environmental Information Regulations (‘EIR’) Resources Appendix 5 – Freedom of Information Act (‘FOIA’) Resources Appendix 6 – Re-use of Public Sector Information