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Freedom of Information and Healthcare Data — The First UK Appeal: Common Services Agency v the Scottish Information Commissioner

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On the 1st of December 2006, the Court of Session in Edinburgh issued the first decision on Freedom of Information and health data regarding a request for information on incidences of childhood leukemia, in the range of 0 - 14 years, by year and census ward from 1990 to 2003 for the Dumfries and Galloway postal areas. The case, which provides an example for the collision course between the Freedom of Information and Data Protection regime, had been anticipated as a landmark decision, however, due to several problems and inconsistencies it sadly failed to meet those expectations.


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Affiliations: 1: Arts and Humanities Research Council (AHRC), Research Centre for Studies in Intellectual Property and Technology Law, School of Law, University of Edinburgh


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