swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â
Information - From: 1991 To: 1991
This page lists 4 cases, and was prepared on 08 August 2015.
ÂCcn Systems Ltd Ccn Credit Systems Ltd -v- Data Protection Registrar [1991] UKIT DA90_25498
15 Feb 1991
IT
Information
[ Bailii ]
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Infolink Limited -v- The Data Protection Registrar
31 May 1991
DPT
Aubrey L Diamond (Deputy Chairman), Alex Lawrence and Victor Ross
Information
[ IC ] - [ IC ]
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Equifax Europe Ltd -v- Data Protection Registrar DA/90 25/49/7; [1991] UKIT DA90_25497
28 Jun 1991
IT
Aubrey L. Diamond (Deputy Chairman), Alex Lawrence and Victor Ross
Information
Equifax, a credit reference agency, appealed an enforcement notice relating to its provision to those making searches, of "third party information" relating not to the subject of the search, the applicant for credit, but to persons who had lived at the same address as the applicant for credit. The enforcement notice prohibited that supply. One ground of appeal was based on section 28(4) of the Act exempting data from the Registrar's powers "in any case in which [their exercise] would be likely to prejudice" either the prevention or detection of crime or the apprehension or prosecution of offenders. Section 28(1) exempted data "in any case in which [disclosure] would be likely to prejudice" either the prevention or detection of crime or the apprehension or prosecution of offenders. In relation to the words "in any case" the Registrar argued, and the Tribunal accepted, that the words meant "in any particular case". The agency argued and the Tribunal accepted that one of the functions of a credit reference agency is the prevention of crime, because persons applying for credit may commit fraud and the searches performed by the credit reference agency may help to prevent or detect fraud. The agency further argued that the exercise by the Registrar of his powers would prejudice this because were searches to be restricted in the manner required by the Registrar "some cases of fraud or suspected fraud might not be exposed." Held: The argument was rejected: "the vast majority of applicants for credit were not fraudulent" and that criminals formed only "a tiny proportion of applicants for credit." "… Personal data are exempt from the provisions referred to "in any case in which the application of those provisions to the data would be likely to prejudice" the prevention or detection of crime or the apprehension of offenders. It seems to us that the words taken as a whole – "in any case in which the application of those provisions to the data" – make it plain that the exemption applies only in particular cases where we can talk about "the data," that is to say the personal data to which we may or may not apply the provisions."
Data Protection Act 1984 28(1) 28(4)
[ Bailii ]
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Credit and Data Marketing Services Limited -v- The Data Protection Registrar
15 Oct 1991
DPT
Aubrey L. Diamond (Deputy Chairman), Alex Lawrence and Victor Ross
Information
[ IC ] - [ IC ]
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