Direct Access Barrister

Eric Metcalfe

Direct Access Barrister

Eric Metcalfe

A barrister at Monckton Chambers specializing in human rights, information law, public law and European law.

Area of Law

Freedom of Information and Data Protection

I am the co-author of the 5th edition of Blackstone’s Guide to the Freedom of Information Act (OUP, 2013). I regularly advise and act for individuals, NGOs, the Information Commissioner and public authorities in data protection proceedings and FOIA appeals. My recent cases include acting for the Information Commissioner in NHS Business Services Authority v Information Commissioner and Spivack [2021] UKUT 192 (AAC) (concerning the definition of personal data under the DPA 2018 and GDPR), acting for the Information Commissioner in R (Bridges) v Chief Constable of South Wales Police & Ors [2020] EWCA 2341 (Admin) concerning the use of facial recognition, and acting for the appellant in R (M) v Chief Constable of Sussex Police [2021] EWCA Civ 42, one of the first cases before the Court of Appeal involving the Law Enforcement Directive and Part 3 of the DPA 2018.

Human Rights

I am a member of the Equality and Human Rights Commission’s A Panel of Counsel. I appear for and advise individuals, NGOs, companies, public bodies and central government departments regarding a very wide range of human rights issues, and I am currently instructed in a number of cases pending before the European Court of Human Rights. I have particular expertise in cases involving national security, surveillance, digital rights, privacy and freedom of expression. Most recently, I acted for a coalition of human rights and digital rights groups including Access Now, ARTICLE 19, the Electronic Frontier Foundation, Human Rights Watch, Privacy International and Reporters Without Borders the case of Telegram Messenger LLP v Russia (no 13232/18) before the European Court of Human Rights concerning the use of encryption.

What sort of work do I do?

Human rights, information law (including data protection, freedom of information, misuse of private information and breach of confidence), public law and European law.




Who do I work for?

My list of past clients includes individuals, NGOs, companies, public bodies and government bodies, both in the UK and overseas.

Send enquiry