The claimant asserted that the 1998 Act created rights between the parties that are in substance though not in form of a contractual nature; and rights to compensation for infringement of those primary rights of a nature that did not previously exist in English domestic law. He said that when the defendant had proceesed information it held about him leading to a decision to cease to provide continuing professional support for him, they had processed that computer based information unfairly.
Held: Damage under section 13(1) of the 1998 Act means ordinary pecuniary loss.
Judges:
Buxton, Arden, Longmore LJJ
Citations:
[2007] EWCA Civ 262, (2007) 96 BMLR 99, [2008] Bus LR 503, [2007] 3 CMLR 9
Links:
Statutes:
Data Protection Act 1998 13(1)
Jurisdiction:
England and Wales
Citing:
See Also – Johnson v Medical Defence Union Ltd ChD 20-Feb-2004
. .
See Also – Johnson v Medical Defence Union Ltd ChD 9-Nov-2004
The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. He had been refused access under the 1998 Act, and now sought access under the Civil Procedure Rules.
Appeal from – Johnson v The Medical Defence Union Ltd ChD 3-Mar-2006
The claimant sought disclosure under the 1998 Act by the defendant of records held by them. The respondent said that the information they held did not amount to data under the Act.
Held: The information was contained in different formats, on . .
Cited by:
Cited – Murray v Express Newspapers Plc and Another ChD 7-Aug-2007
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence.
Held: The . .
Cited – Google Inc v Vidal-Hall and Others CA 27-Mar-2015
Damages for breach of Data Protection
The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Information, Damages
Updated: 10 July 2022; Ref: scu.250580