Data Protection Act Case Law

[vjohn82]

Hi all,

 

Does anyone have any DPA 1998 case law docs they can refer me to???

 

Thanks,

 

VJ

[The Mould]

Hi all,

 

Does anyone have any DPA 1998 case law docs they can refer me to???

 

Thanks,

 

VJ

 

Hello vjohn82,

 

There are a number of Data Protection cases, what exactly do you want to know?

 

Kind Regards

 

The Mould

[vjohn82]

Any unlawful processing of data to be honest...

[lookinforinfo]

I expect you have seen this already and included is a very interesting piece on transparency-

Tilting at Windmills- Has the New Data Protection Law failed to make a Significant Contribution to Rights of Privacy (D Bainbridge & G Pearce) [2000] JILT 64 (2000)

 

No doubt you remember Naomi Campbell spat with the Mirror over her drug habit though I appreciate it might not be an avenue you are looking for-

Campbell v Mirror Group Newspapers [2002] EWHC 499 (QB) (27th March, 2002)

Edited March 24, 2010 by lookinforinfo

[The Mould]

Any unlawful processing of data to be honest...

 

Hello again vjohn82,

 

Yes there are a number of cases, I will re-research on them and post them up for you as I cannot remember the names of them all.

 

I guess you are looking for case law on the compensation awards?

 

If that is so, then you might like to know that there is no set limit at the present, but I do believe that the courts are desperate for something to get their teeth stuck into, so that a precedent or bench mark can be established.

 

Oh yes, I have just remembered, the Durant case, he lost unfortunately, but in data protection cases his case is used to determine exactly what is a "Relevant filing system" in legal terms its often refered to as "The Durant test".

 

Substantial fines comming in, in April I think, for any serious breaches/contraventions of the said act by the data controller.

 

Then there is the student one against the campus, I cannot remember the name of it but I will find out, she won her case but not every part of it was held, there is also the one about a photograph that was taken of a child and published without "Consent" being given by the parents, I believe the award was £5,000.00 for that one, again my mind has gone blank regarding the name of it.

 

There is the medical one, I will research and find the names of them.

 

If your personal data is being unlawfully or has been unlawfully processed, then you will need to prove 'damage and distress' for compensation, at the moment, apparently the courts will not award for distress alone, which doesn't make any sense at all, but the problem is that it is extremely difficult for the courts to quantify the level of damages for distress and they don't want to open what they say will be flood gates.

 

The courts do not give justice, the courts only give money!

 

Well I will get back to you sometime tommorrow.

 

Kind Regards

 

The Mould

[The Mould]

Hello vjohn82,

 

Some data protection cases for you to look at.

 

Johnson V. Medical Defence Union [2006]

 

Copland V. The United Kingdom [2007]

(Human Rights/Data Protection)

 

Douglas V.Hello! (Micheal Douglas ,Cathrine Zeta Jones)

 

T-Mobile case may be in court soon.

 

The Durant case.

 

Do you think that an organization or individual has processed your personal data unlawfully?

 

I do not know if these cases will help you in your research for information on this subject, but they might.

 

Please up-date, when you can.

 

Kind Regards

 

The Mould

[vjohn82]

Do you think that an organization or individual has processed your personal data unlawfully?

 

 

Not a case of "thinking" - more "knowing" if I am being honest

[adamski69]

Have there been any cases where prosecution has been taken against an individual, or is it all against companies etc.

 

The reason I ask is that I have been disciplined at work for breaching Section 55 Data Protection Act and threatened that I had committed criminal offence. I know that Information Commissioner and DPP have say whether charges are laid, but as the documents in my possession were of a criminal/disciplinary offence by someone else, my employer has used that as a stick to beat me!! They were of no monetary value or personal use to me, but they found against me in a disciplinary investigation.

 

The so called subject matter expert in this case provided a ststement that I had committed a criminal offence and gross misconduct. I callenged this but was told I had and accepted it!!

 

Have I had smoke blown up my a**e ??

 

I am obviously appealing against the sanction and any information could assist in my case.

Edited March 5, 2011 by adamski69

[vjohn82]

Highly unlikely you could ever be held to have breached the DPA because you are not registered with the Information Commissioner as a data controller. I'll look into it but the sanctions I have looked at are company based. It all depends on whether the DPA makes up part of your role or not.

[adamski69]

I am extremely grateful for your prompt reply. Any information would be helpful.........

 

As they say 'Knowledge is power''

 

Adam

[vjohn82]

Few Q's before I go digging.

 

1) What is your job?

 

2) Does it reference the DPA in your employment contract?

 

3) Do you know who the data controller is at your workplace?

 

4) How did you obtain the documents subject to the investigation?

 

5) Were those documents marked private and confidential?

[adamski69]

I'll PM you.....

[nicklea]

Have there been any cases where prosecution has been taken against an individual, or is it all against companies etc.

 

The reason I ask is that I have been disciplined at work for breaching Section 55 Data Protection Act and threatened that I had committed criminal offence. I know that Information Commissioner and DPP have say whether charges are laid, but as the documents in my possession were of a criminal/disciplinary offence by someone else, my employer has used that as a stick to beat me!! They were of no monetary value or personal use to me, but they found against me in a disciplinary investigation.

 

The so called subject matter expert in this case provided a ststement that I had committed a criminal offence and gross misconduct. I callenged this but was told I had and accepted it!!

 

Have I had smoke blown up my a**e ??

 

I am obviously appealing against the sanction and any information could assist in my case.

 

adamski,

 

It's really difficult to give any meaningful advice without more details. But, on the other hand, I understand why you have not given these details.

 

Perhaps the first problem is that you say 'criminal/disciplinary offence'. There is a whole world of difference between a criminal offence and a disciplinary offence.

 

To take first the issue of being faced with a prosecution under the DPA. I would suggest that this is unlikely - unless you work as a civil servant and have passed this information to somebody like Wikileaks. In that case, it's a whole different ball game.

 

However, the reason that I say this is different from vjohn. I suggest that he is wrong when he says:-

 

Highly unlikely you could ever be held to have breached the DPA because you are not registered with the Information Commissioner as a data controller.

 

as you do not need to be registered as a data controller in order to breach section 55 - as you yourself have found out.

 

Even if the DPP do consider prosecuting you then, as long as you were in possesion of this information in order to pass it to the police because it was a criminal matter, then you have a defence and, I would suggest, there will be no problem as in this case you will not have committed an offence.

 

However, if it was just because there had been a disciplinary offence then, I would suggest, you are in a trickier situation.

 

With regards to gross misconduct, this is entirely different. I would suggest that a lot depends crucially on what your contract of employment says and also the answers to the questions that vjohn asks above are, I would suggest, essential to whether you have any sort of comeback against your employers.

[vjohn82]

Quite right nicklea... I should double check these things before posting ;-)

 

Section 55 is the unlawful obtaining of personal data but there is a proviso there:

 

(2)Subsection (1) does not apply to a person who shows—

 

(a)that the obtaining, disclosing or procuring—

 

(i)was necessary for the purpose of preventing or detecting crime

 

The clarification you provided via PM is enough for me to suggest that this section applies.

[adamski69]

Exactly what I said at interview, but was told that I HAD breached the act......they get you ANY way they can!!

[vjohn82]

The ICO handle all complaints related to this but I suspect you'll need to go through the appeals process with your employer highlighting why your actions were taken in good faith. How long ago were you given a dressing down and what has been the effect on your employment?

[pt2537]

Ezias vs Welsh Ministers hasnt been mentioned

[vjohn82]

Stop showing off ;-)

 

Good case from memory actually but I don't have access to it. Didn't it say something about whistle-blowing and that those subjected to action afterwards could result in a discrimination claim?

[pt2537]

Disclosure - Disclosure of documents - Personal data - Claimant surgeon requesting disclosure of

documents to assist in proceedings against NHS trust for unfair dismissal - Trust failing to make 'appropriate

and timely' disclosure - Employment appeal tribunal and Court of Appeal making substantive findings in

favour of claimant - Whether declaration required in respect of trust's failure - Whether claimant entitled to

damages - Whether order to be made requiring compliance with claimant's request for disclosure -

Employment Rights Act 1996, s 103(1)(a) - Data Protection Act 1998, s 7(9).

[pt2537]

The court ruled:

On the evidence, the defendants' search for personal data disclosable to the claimant following his requests

under the 1998 Act, had been reasonable and proportionate. In all the circumstances, it would not be

reasonable for the defendants to conduct any further seaches. Furthermore, the material that had been

disclosed was all the material that could be disclosable. Even if that was not the case, it would not be

appropriate for the instant court to exercise its discretion to make an order for further disclosure. In relation to

the failure to make timely disclosures, the defendants had been in breach of its obligation under the 1998

Act, however, as no damage or prejudice had been caused to the claimant, the instant claim had to fail.

[vjohn82]

If a creditor claims that they sent a default notice, does effective service on the debtor begin and end with it being sent recorded delivery? Or is first class delivery acceptable?

[cerberusalert]

It is assumed that if it was posted 1st class it is received the second working day, so the 14 days starts from then. However there was one Judge that stated that the 14 days started from the date it was posted. Judge lottery I'm afraid.

[vjohn82]

Isn't the burden of proof upon the creditor to prove it was posted at all?

[cerberusalert]

In theory yes, in practice all they would need to do is swear an affidavit to the fact.

[vjohn82]

In theory yes, in practice all they would need to do is swear an affidavit to the fact.

 

Unless a person placed it in the envelope and could reliably swear to it I'm not sure it would be admissible. It would be an odd fact that someone remembers posting a document 2/3 years ago too.

 

But even with this as the case, would an affidavit stating that you had not received the DN and thus effective service of the document had not been completed be evidence of the kind that could see a default removed or at least the account "reset" prior to the default?