Durant v Financial Services Authority: CC 24 Oct 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 his case, he would nonetheless have exercised his discretion against him: ‘First, I cannot see that the information could be of any practical value to the appellant. Secondly, the purpose of the legislation it seems to me is to ensure that records of an inaccurate nature are not kept about an individual. A citizen needs to know what the record says in order to have an opportunity of remedying an error or false information. In this case the appellant seeks disclosure not to correct an error but to fuel a separate collateral argument that he has either with Barclays bank or with the FSA, litigation which is in any event doomed to failure. I am entirely satisfied on the facts of the case that the FSA have acted at all times in good faith, and indeed there has been no suggestion to the contrary from the appellant; his argument is with Barclays bank not with the FSA.’
Judge Zeidman QC
Unreported, 24 October 2002
Data Protection Act 1998 7(9)
England and Wales
Cited by:
CitedLord, Regina (on the Application of) v Secretary of State for the Home Department Admn 1-Sep-2003
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 . .
Appeal fromDurant v Financial Services Authority CA 8-Dec-2003
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his . .

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Updated: 07 April 2021; Ref: scu.186303