Without making any comment on the lawfulness of the processing by Company A (which I don't think we necessarily know enough about):
The judge will decide whether evidence is relevant and admissible, and even unlawfully obtained evidence is likely to be admitted if it is relevant.
Dan
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ian Griffiths
Sent: 17 October 2019 15:07
To: [log in to unmask]
Subject: [data-protection] Facebook post as part of tribunal evidence
Thoughts please.
Company A are responsible for administering road user tolls on a bridge.
Driver B has crossed the bridge and not paid said toll.
Driver B has made a representation to overturn the fine to Company A who have refused the representation.
Driver B has taken his case to a tribunal with, among other things, an application for costs where Company A has acted unreasonably in refusing the representation.
The merits of the costs application and the initial reasons for non-payment are outside the scope of my question.
My DP question relates to the following:
Company A have uploaded as part of their evidence, a Facebook post from a public anti-tolls group whose purpose, among other things, is to give advice related to having fines overturned.
The Facebook post features Driver B and another individual Driver C who is otherwise uninvolved with this case, discussing the application for costs.
The motivation for the incorporation of this evidence is unclear but it would appear Company A are seeking to undermine the costs application by stating that Driver B is only making it based on advice from Driver C, and not on any other loss basis.
Whether this undermines the costs application is also not of interest, the tribunal will rule on that.
TLDR - can Company A quote Facebook posts as part of their evidence in a tribunal. Group and posts are public.
I personally see no issue but its causing quite some upset on the group, who are keen to find and hang their mole!
Thanks
Ian
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