Imagine discovering that a National Newspaper had supplied an un-dated, fabricated/conflated confidential and contested affidavit to try and assist with having me locked up. The very same affidavit that was put forward as an excuse for publishing that I was a gang rapist and abuser of children. There's no date, there's no official legal recognition and it has a dodgy signature.
Then try to imagine an e-mail which confirmed the sharing of such an affidavit by the reader's editor of the newspaper was deleted from the unused material supplied by the prosecution/police to the defence side in a criminal case. Could happen, could it? Watch this space
Oops, nearly forgot. Then try also to imagine that the Information Commissioners Office found that the paper had breached at least three of the Data Protection Act's regulations by sharing the affidavit.
Oops, nearly forgot. Then try also to imagine that the Information Commissioners Office found that the paper had breached at least three of the Data Protection Act's regulations by sharing the affidavit.
Quantum
Traditionally, awards in data protection cases have been low: before 2014 the greatest award for distress in an English reported case was £750 with a nominal £1 being awarded for financial loss (Halliday v Creation Consumer Finance4). Contrast this with awards in privacy cases, such as in the leading case of Gulati & Ors v MGN Limited5 (confirmed by the Court of Appeal in Representative Claimants v MGN Limited6), where the court awarded various celebrities who were victims of phone hacking between £72,500 and £260,250 to compensate for the distress they had suffered.
The issue for defendant solicitors, where a claimant solicitor conflates claims for misuse of private information and breach of data protection obligations, is reconciling the level of awards for distress in the leading privacy cases with awards for distress in DPA cases.
from here
Data Protection Act Breaches
Traditionally, awards in data protection cases have been low: before 2014 the greatest award for distress in an English reported case was £750 with a nominal £1 being awarded for financial loss (Halliday v Creation Consumer Finance4). Contrast this with awards in privacy cases, such as in the leading case of Gulati & Ors v MGN Limited5 (confirmed by the Court of Appeal in Representative Claimants v MGN Limited6), where the court awarded various celebrities who were victims of phone hacking between £72,500 and £260,250 to compensate for the distress they had suffered.
The issue for defendant solicitors, where a claimant solicitor conflates claims for misuse of private information and breach of data protection obligations, is reconciling the level of awards for distress in the leading privacy cases with awards for distress in DPA cases.
from here
Data Protection Act Breaches
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