Ansering two of my own questions.
[2006] EWHC 321
and High Court
Tim Trent wrote:
> It seems that the crux of the case did not turn on any DPA claim, though?
> More on the fact that it appeared to Mr Justice Rimer that the case for
> damages per se was insufficiently proven
>
> The result of the case is "I dismiss Mr Johnson's (abandoned) claim under
> section 10 of the DPA. I dismiss his claim for compensation under section
> 13. I dismiss his claim that the MDU committed a breach of the fifth data
> protection principle. I will hear counsel as to the form of the order I
> should make and as to what is to happen to Mr Johnson's claim under section
> 14 (the Schedule II claim)."
>
> Can someone with formal legal knowledge interpret what precedent, if any, is
> set by this case, please?
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Duncan Smith
> Sent: 20 March 2006 11:11
> To: [log in to unmask]
> Subject: Re: [data-protection] Durant - Can I ignore it?
>
> For another take on relevant filing systems, don't forget to have a look at
> the latest case law as Mr. Paul Johnson takes the Medical Defence Union
> (MDU) to the High Court.
>
> Justice Rimer has some interesting points re manual files and microfiche
> (they're not covered by DPA), BUT the data they contain has been PROCESSED,
> and should therefore be obtained fairly.
>
> It's complex, and for the insomniacs and Sado masochists, here's the full
> transcript.
>
> http://www.bailii.org/ew/cases/EWHC/Ch/2006/321.html
>
>
> Regards,
>
> Duncan Smith
>
> Director
> iCompli Limited
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>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Graeme Hawley
> Sent: Thursday, March 16, 2006 2:16 PM
> To: [log in to unmask]
> Subject: [data-protection] Durant - Can I ignore it?
>
> Sorry to bring up Durant again.
>
> I think that I have understood that Durant allows a data contoller to take a
> very narrow definition of relevant paper filing systems (leaving aside the
> FOI affected public authorities for the minute). But does Durant stop a
> Data Contoller from applying a broader definition if they so wish. In other
> words, just because Durant allows the pusillanimous organisation the
> opportunity to discount folders with names on (but sinfully arranged in
> chronological order - what's that all about?), does the Durant ruling mean
> that a sturdier organisation is forbidden to go that gruelling extra mile,
> and, for example, fish out an individuals personnel file from the
> alphabetically arranged sequence of names in response to that individual's
> request for access.
>
> As it happens, I work for a public authority so am covered by FOISA and its
> wider definition of relevant filing system anyway. Ironically, we do hold
> information which I would like to apply a narrower definition to, but FOISA
> means we cant. We hold upwards of 50 million pages of manuscripts in our
> library collection, many of which contain personal data. Despite the best
> efforts of our staff to catalogue these, my guess is that they would more
> than classify as unstructured data not held in a relevant filing system.
> But because of FOISA, they are covered by access legislation, and all of the
> various problems this creates (such as the theoretical possibility that we
> may have to spend an unlimited amount of time and resources searching for
> the existance of a persons name in tens of thousands of paper documents -
> remembering that the FOISA charging structure does not include time spent
> establishing whether the information is held or not).
>
> Is it me?
>
>
>
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