5 Essex Court

Fiona Barton QC

Call 1986
Silk 2011

Data Protection & Information Law

Fiona’s depth of knowledge in this field is illustrated by the fact that she has appeared in leading cases on the topic to Supreme Court level. She has a thorough understanding of how the law works in practice.

Supreme Court

Nunn (Supreme Court) [2014] UKSC 37 - Acting for Suffolk Constabulary in a test case concerning the handling of information in the context of disclosure obligations of the police post-conviction and appeal.

L v Commissioner of Police of the Metropolis (Supreme Court) [2009] UKSC 3 – A test case on behalf of the Commissioner concerning personal information in the context of disclosure within the teaching profession.

Other examples include:

[2020] R (Bridges) v The Chief Constable of South Wales & others – Acting for the Police and Crime Commissioner of South Wales Police in the Court of Appeal in an appeal concerning the use of automatic facial recognition technology

[2019] BES Commercial Energy v Chester West and Chester Trading Standards - Acting for Trading Standards in a high value civil claim arising from regulatory investigations into a commercial energy company involving Ofgem and Ofcom. The claim involves allegations of Art 8 and A1P1 breaches

[2018] Swinton Lock Investigation – Representing the report authors in connection with the Maxwellisation process and threatened civil claims arising out of the alleged misuse of personal information by a registered charity helping victims of sexual abuse.

[2018] ACC Beale – Presenting the fast track misconduct proceedings arising from the conviction of a Chief Officer under the Official Secrets Act for loss of sensitive data.

[2016] Rotherham Taxi Licensing Investigation – Representing the independent investigators in connection with the compliation of a report into the failure of information management in the taxi licensing process leading to sexual abuse of minors.

[2014] MG1 v PF1 – Information management issues in the context of art. 2, art. 8 and family proceedings, concerning a family in witness protection.

[2013] A v B Constabulary – Acting for B Constabulary in the Administrative Court in the leading case concerning the vetting of police contractors and their entitlement to reasons for rejection and the impact of public interest immunity considerations.

[2008] Madeleine McCann investigation – Acted for the Chief Constable of Leicestershire, ACPO and Crimestoppers in legal proceedings in the UK and Portugal in connection with information sharing both in the domestic and international context in respect of the Madeleine McCann investigation.