New Judgment: Ofcom v The Information Commissioner  UKSC 3
27 Wednesday Jan 2010
On appeal from:  EWCA Civ 90
Concerned a request that had been made to Ofcom by the Information Manager for Health Protection Scotland (an arm of the NHS) for information about the location, ownership and technical attributes of mobile phone masts to be disclosed in searchable format. The Supreme Court unanimously holds that the appeal raises an issue of general principle and that the answer is not obvious. Members of the Court hold different views on the correct construction of Environmental Information Regulations 2004, and Directive 2003/4/EC which they implement. Consequently, the Supreme Court is under a duty to refer the question in the appeal to the European Court of Justice.