Agree with Laurence's analysis - it's a case about a failed attempt to access personal information in manual files and against heavy redaction which was judged to be valid because, following Durant, the personal information was not data stored in a relevant filing system.
C
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Laurence Bebbington
Sent: 11 March 2004 16:54
To: [log in to unmask]
Subject: Re: Recent Case Following Durant
So far the only place where I ve seen a transcript of this case (decided on 20/02/04) is on Lawtel, a commercial database service. It might, in due course, appear on BAILII (www.bailii.org) but there is no guarantee that it will.
Under the doctrine of precedent the High Court has no choice but to follow decisions of the Court of Appeal so it is not surprising that Durant has been applied, given the fact that the cases deal with the same issues. Even if the judge (Mr Justice Laddie) in the High Court had felt unhappy about the Durant decision it is very difficult (if not impossible) for him not to follow Durant, and there is also a convention that a lower court does not criticise a recent decision of a higher court.
Laurence
Laurence W. Bebbington
Law Librarian
Information Services
The University of Nottingham
Nottingham
NG 7 2RD
>>> Ibrahim Hasan <[log in to unmask]> 03/11/04 3:32 PM >>>
Johnson v Medical Defence Union Ltd [2004] EWHC 347 (Ch)
I have come across this case which, on first reading, seems to suggest that Durant was correct and should be followed. It is only a High Court decision but may be appealed to the COA. Colleagues thoughts would be appreciated.
We will be covering this and other recent cases at our course on the Data Protection Act 1998 next week. Details:
Data Protection for the Public Sector
17th March 2004
Bonnington Hotel in Bloomsbury
10am - 4pm
Cost : £149 incl. lunch, refreshments and materials
Booking and full details : www.actnowtraining.co.uk
REGARDS
Ibrahim Hasan
Act Now
Information Law Training for the Public Sector
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