The claimant sought disclosure of information under the 1998 Act. The defendant said that the application was an abuse of process and an attempt to circumvent the 2003 Act. The claimant had been convicted of involvement in kidnapping and murder in Somalia and was to appeal aganst a sentence of death. The claimant said that he wanted the information so that he could review it and correct any inaccuracies. The defendant replied that his true purpose was to use it in connection with foreign criminal proceedings.
Held: Such an additional purpose was not an abuse. The data should be supplied. The court had a quite general discretion whether to order compliance with a subject access request, but that discretion had to be exercised in a proportionate way with a view to giving effect to the purpose of the Act.
Dingemans J
[2015] EWHC 600 (QB), [2015] WLR(D) 111
Bailii, WLRD
Data Protection Act 1998 1(1) 2 7, Crime (International Co-Operation) Act 2003, Directive 95/46/EC
Citing:
Cited – YS v Minister voor Immigratie, Integratie en Asiel ECJ 17-Jul-2014
ECJ Request for a preliminary ruling – Protection of individuals with regard to the processing of personal data – Directive 95/46/EC – Articles 2, 12 and 13 – Concept of ‘personal data’ – Scope of the right of . .
Cited – Callery v Gray (1) and (2) HL 27-Jun-2002
Success fees and ATE premiums were recoverable
Objection was made to a claimed uplift of 20% sought by the plaintiff’s solicitors. The defendant’s insurers said that there had been little at risk for them.
Held: The system of conditional fees insurance had been introduced to remedy defects . .
Lists of cited by and citing cases may be incomplete.
Police, Information
Updated: 28 December 2021; Ref: scu.544299