The commissioner appealed a dismissal of her case against a council, complaining that the council knowingly or recklessly used personal data for the collection of council tax, for which registration had expired.
Held: It was not necessary to show that the individual officer making use of the data had been aware of the breach. The council itself was the legal person using the data. The knowledge and actions of the directing minds of a corporate body must be taken together with the actions of those to whom administrative functions were delegated. To hold otherwise would make it impossible for any large organisation to be prosecuted under the Act.
Lord Justice Kennedy and Mrs Justice Hallett
Times 05-Jun-2002, Gazette 11-Jul-2002,  EWHC 1036 (Admin)
Data Protection Act 1984 4
England and Wales
Cited – Data Protection Registrar v Amnesty International (British Section) Admn 8-Nov-1994
The defendants had been charged with recklessly holding and then disclosing information about named individuals. It had exchanged a list of potential addressee’s for use in mailing lists with another charity.
Held: Recklessness is defined by . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 December 2021; Ref: scu.172182