Post script:
I think the problem is that the Durant decision has been interpreted as
prescriptively (e.g. personal data HAS to have a focus on an individual)
whereas the Court of Appeal said its notions were "helpful" (i.e. non
prescriptive). (See OIC advice on simple CCTV systems - OIC uses Durant
prescriptively). The tests have been used prescriptively in the lower
Courts (e.g. MDU v Johnson).
The DCA's argument is that because Durant is NOT prescriptive, so it
follows that the UK Data Protection Act is OK. My own view is that there
is so much prescriptive use now, that the House of Lords review would be
useful as the "helpful" Durant tests, used prescriptively, are clearly
"unhelpful" and limited.
All the legal arguments that the Court of Appeal used to get to its view
of "personal data" do not stand up to scrutiny.
The Court of Appeal then argued that because personal data was narrow,
relevant filing system was narrow (i.e. the personal data decision
taints the Relevant Filing System decision)
The Court of Appeal's view of judicial discretion is clearly wrong (i.e.
S.7(9))
The Durant decision has delivered Government policy - data protection to
the standards of the 1984 Act.
Apart from the above, the Durant judgment's OK
I am not sure whether the House of Lords will take the case - leave to
appeal is never automatic
Dr. C.N.M. Pounder
Consultant & Editor of Data Protection & Privacy Practice
Pinsent Masons
International Law Firm
Outsourcing & Technology Group
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