The tribunal was quite clear that a breach had taken place, albeit not one
serious enough to warrant a monetary penalty. So a claim for compensation
under s.13 of the DPA must be possible. Proving the damage would be hard, I
imagine.
Paul
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
For continuous priority support on Data Protection, sign up to my support
service:
www.paulticher.com/data-protection-services
----- Original Message -----
From: "Lawrence Serewicz" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, September 27, 2013 11:50 AM
Subject: Re: Scottish Borders Council evade enforcement
Does this mean that the injured parties, ie the data subjects whose data was
not processed appropriately, could seek a breach of confidentiality or an
Article 8 claim?
I agree that this might not be successful in this case, what is the damage
and distress suffered, but is that grounds still open?
Is anyone aware of a data subject in a case where the ICO has issued a MPN
gone on to initiate a legal claim under a breach of confidentiality or a
Article 8 claim?
Would be interested in the list's views on this possibility.
Best,
Lawrence
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Chris Pounder
Sent: 26 September 2013 18:00
To: [log in to unmask]
Subject: [data-protection] Scottish Borders Council evade enforcement
http://www.informationtribunal.gov.uk/DBFiles/Decision/i1085/Scottish%20Borders%20Council%20EA.2012.0212%20(26.09.13)%20Final%20Decision.pdf
Tribunal states
1. Negotiations between the parties concerning Scottish Borders'
procedures in relation to data protection have resulted in agreement that
there is no need to issue
an enforcement notice.
2. The appeal is allowed and the monetary penalty notice is cancelled.
3. The reasons for this decision are contained in the Tribunal's earlier
ruling on the preliminary issue of liability.
Tim Pitt Payne QC is speaking at UPDATE about MPNs - (Details of UPDATE on
http://www.amberhawk.com/pdf/Amber_UPDATE_CONFERENCE_advancebookingform.pdf)
Dr. C. N. M. Pounder
Director: Amberhawk Training Limited
Phone: 0845 680 2623 or Mob: 07735 365 585
Website: Amberhawk - www.amberhawk.com<http://www.amberhawk.com/>
Blog: Hawktalk - http://amberhawk.typepad.com<http://amberhawk.typepad.com/>
Twitter:@hawktalk_blog
[cid:image003.jpg@01CEBAE2.3B10B910]
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