Michael,
I agree that the decision has serious potential consequences. I would be cautious though in considering whether the example you provided would constitute "distress" as the law regarding defamation, which would come into effect should someone take a legal action, would suggest that the criteria for that offence would need to be considered. In particular, someone may have an "honest opinion" about someone so that they are not defaming them or distressing them.
We had a case in which someone on an investigation recorded a person's relative as drunk at the meeting. The person complained about that opinion. In the ensuing investigation, of the investigation, it was found that was an honest opinion held based on the behaviour of the relative at the meeting.
I would like to see more on the judgement and the forthcoming trial to understand the role of distress and how it is to be defined relative to other legislation. There is one thing to claim that a person is distressed because their browsing data was captured by a company without letting them know and another to claim that a person is distressed because the organisation sent their medical history to the wrong person. I think the person in the latter is going to have an easier time than the person in the former all things being equal.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Michael Bacon - Grimbaldus
Sent: 28 March 2015 06:06
To: [log in to unmask]
Subject: Re: Damages for Distress
The implications of this are concerning. One not uncommon reason for employees submitting SARs is that they are looking for a "smoking gun" following a grievance or disciplinary process. Many items of their PD supplied constitute opinions about them, contained in witness statements. Given in confidence, some of these statements can be highly pejorative and individually might not be substantiated ... yet could easily be construed by the DS as causing them "distress", once they read them.
Of interest also in the Court's ruling is the re-clarification of what constitutes PD ... providing me with more ammunition in my continuous battles and skirmishes with business and IT managers who fail to grasp the simple truths.
Regards - Michael Bacon
Grimbaldus Limited
> On 27 Mar 2015, at 13:27, Phil Bradshaw <[log in to unmask]> wrote:
>
> Important for all data controllers to consider the impact of Vidal
> Hall v Google in which Court of Appeal has effectively repealed the
> s13 DPA prohibition on claiming damages for pure distress after a DP
> breach. See discussion at www.panopticonblog.com
>
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