The court discussed the discretion given under the section: ‘I remind myself, however, that under s 7(9) the claimant would have had to establish that the defendant had failed to comply with a request for disclosure in contravention of s 7(1), and, importantly, that, even in that event, the subsection confers upon the court a … Continue reading P v Wozencroft (Expert Evidence: Data Protection): FD 2002
(Edmonton County Court) The claimant sought disclosure under the Act from the FSA of its file relating to his dealings with Barclays Bank. Though the claim generally failed, the court considered how it would have exercised his discretion under section 7(9). He gave a number of reasons why, even if the claimant had otherwise established … Continue reading Durant v Financial Services Authority: CC 24 Oct 2002
The claimants were facing capital charges in Thailand. They sought the release of information held by the defendant to assist in their defence on charges of the murder of two British tourists. In particular a report had been prepared by the MPS about the investigation in Thailand after doubts about the investigation. The MPS aid … Continue reading Lin and Another v Commissioner of Police for The Metropolis: QBD 25 Aug 2015
The Claimant claimed under Section 7(9) of the 1998 Act for failures to disclose data to him following several requests. He sought (i) a declaration that the National Assembly had failed to comply with their obligations under the 1998 Act, (ii) damages in respect of that non-compliance, and (iii) an order requiring them to comply. … Continue reading Ezsias v The Welsh Ministers: QBD 23 Nov 2007
The claimant a patient in Rampton hospital sought disclosure of a report prepared on him for the hospital. Judges: Cranston J Citations: [2008] EWHC 1934 (QB) Links: Bailii Statutes: Data Protection Act 1998 7(9) Information, Health Updated: 18 July 2022; Ref: scu.271334
The claimant was a category A prisoner serving a sentence of life imprisonment for murder. He sought the reasons for his categorisation as a Class A prisoner. Unhappy at the disclosure made, he sought information under the 1998 Act. It was argued that disclosure beyong ‘gist’ reports would threaten the system of categorisation, which was … Continue reading Lord, Regina (on the Application of) v Secretary of State for the Home Department: Admn 1 Sep 2003
Renewed application for leave to appeal against orders making a limited declaration that there were certain breaches on the defendant’s part of their obligations under the Data Protection Act 1998 in that they did not disclose all disclosable personal data to the claimant within the statutory 40-day time limit, but otherwise his claim for a … Continue reading Ezsias v Welsh Ministers: CA 24 Jun 2008
The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT. Held: A claim should not be struck out where, as here, there were facts in dispute between the parties which might affect the decision. It was … Continue reading Ezsias v North Glamorgan NHS Trust: CA 7 Mar 2007
EAT Employment Tribunal struck out unfair dismissal claims stating they were bound to fail. The employers had made two applications, one for a deposit to be ordered pursuant to rule 20 of the Employment Tribunal rules, and the second for a strike-out pursuant to rule 18(7)(b) on the grounds that the appeal had no reasonable … Continue reading Ezsias v North Glamorgan NHS Trust: EAT 25 Jul 2006
Leeds County Court – The court considered the extent of the obligation imposed by s 8(2) of the 1998 Act. Held: The data controller is only required under the section to supply the individual with such personal data as is found after a reasonable and proportionate search. Judges: Behrens HHJ Citations: Unreported 24 April 2012 … Continue reading Elliott v Lloyds TSB Bank: 24 Apr 2012
The clamants sought orders under the 1998 Act for disclosure of documents about them by the defendant solicitors and others. The defendants said that the request would require the consideration of a very large number of documents, considering in each case whether they would require discovery and or were protected by legal professional privilege, and … Continue reading Dawson-Damer and Others v Taylor Wessing Llp and Others: ChD 6 Aug 2015
References: Unreported 24 April 2012 Coram: Behrens HHJ Leeds County Court – The court considered the extent of the obligation imposed by s 8(2) of the 1998 Act. Held: The data controller is only required under the section to supply the individual with such personal data as is found after a reasonable and proportionate search. … Continue reading Elliott v Lloyds TSB Bank; 24 Apr 2012
