For information, in case it is relevant to any list member who didn't
pick up on the Law Report appearing in The Times, 4 April 2006, p55,
under the title "Compilation creates data capable of protection".
David Johnson brought an action against the Medical Defence Union Ltd
for compensation for unfair processing of data which he alleged resulted
in the non-renewal of membership of the MDU and subsequent loss of
reputation.
The MDU had employed a risk manager who trawled through manual files,
electronic files, a CD and microfiche to generate information relating
to DJ which was entered into a computer created risk assessment review
form. Mr Justice Rimmer decided that it didn't matter that some of the
source files (the manual and microfiche ones) didn't form part of a
'relevant filing system'. It was the fact that information was collated
and entered into a computer system which satisfied the definition of
'processing'.
(This relates to the arguments put forward in the Naomi Campbell v
Mirror Group Newspapers case when the court held that there could be
relevant processing when part of the operation was automatic and part
manual.)
However, he dismissed DJ's claim that this was actually 'unfair
processing' (in contravention of the First Principle) which had caused
the non-renewal of his membership of the MDU.
He also considered the claim for compensation on the grounds of loss of
DJ's reputation, had the ruling declared the processing to be fair. He
judged that Section 13 covered compensation for pecuniary damage or for
distress but not for loss of reputation. Had the processing been unfair
DJ would have then had to take out an action for defamation to get
compensation for loss of reputation.
As with all matters relating to the concept of a 'relevant filing
system' post Durant ....... watch this space.
Regards,
Malcolm
================================
Malcolm Kendall
Legislation Manager
Information Services
The University of Birmingham
Edgbaston
Birmingham B15 2TT, UK
Tel: (+44) 121 414 4749
University ext: 44749
www.is.bham.ac.uk/staff/kendallm
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