Database disputes

Database disputes

Database right

Database right is a proprietary right governed by the Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032, which implemented Directive 96/9/EC (EU Database Directive). Database right arises automatically when there has been a substantial investment in obtaining, verifying or presenting the database contents. A database is defined as a ‘collection of independent works, data or other materials which are arranged in a systematic or methodical way and are individually accessible by electronic or other means’ (CRD 1997, SI 1997/3032, reg 12, and section 3A(1) of the Copyright, Designs and Patents Act 1988 (CDPA 1988)). For example, the definition of database would include an electronic or hard copy encyclopedia or a telephone directory.

Database right can subsist whether or not the database or its contents are a copyright work. There is no requirement for an 'author’s own intellectual creation' (as there is for copyright); the test is whether there has been a 'substantial investment' and this will turn on the facts as not all databases qualify for protection. Database right only protects the arrangement of the database as a means of storing

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Latest Information Law News

Freedom of information contempt certification in the Upper Tribunal (Bence v Cornwall Council)

Public Law analysis: In Bence v Cornwall Council, the Upper Tribunal (UT) found Cornwall Council in contempt for failing to comply with a Substituted Decision Notice (SDN) issued by the First-tier Tribunal (FTT) under the Freedom of Information Act 2000 (FIA 2000). The Council ultimately admitted it had not responded to the SDN within the prescribed 35-day period, and the UT further held that the Council remained in breach for a protracted period. Bence is the first reported case in which the UT has made a finding of contempt by a public authority in an information law case. The decision provides guidance on the respective roles of the FTT and UT in the contempt certification process. It also provides a helpful and comprehensive summary of the contempt regime as it relates to non-compliance with the FTT’s SDNs. Further, the judgment emphasises the seriousness of non-compliance by a public authority and the elements of civil contempt, in conjunction with Buzzard-Quashie, that sanctions for contempt on this basis may be severe. The case is also instructive in illustrating how a public authority may mitigate failures of compliance to avoid investigation and certification of contempt. Written by Gaelyn Fuhrmann, legal director at Wiggin LLP.

Court’s inherent jurisdiction and injunctive relief in harassment cases (Titan v Okunola)

Dispute Resolution analysis: This case concerned the court’s power to grant an injunction to restrain a litigant from sending abusive communications to an opposing party’s legal team. The High Court dismissed the application, stating that there was no ‘sound jurisdictional basis’ for such relief. The Court of Appeal held this was wrong: the court does have inherent jurisdiction at common law to protect the integrity of its own proceedings. However, the court agreed that refusal of the injunction was appropriate, as there was no ongoing risk and other discretionary factors weighed against relief. The judgment provides guidance for practitioners considering how to address disruptive litigation conduct. It clarifies the scope of the court’s inherent jurisdiction where behaviour poses a serious risk to the administration of justice. Where the conduct falls short of contempt, practitioners seeking such injunctions must also consider the impact of Article 10 ECHR, section 12 HRA, and litigation immunity. The case further highlights appropriate procedural routes and key discretionary factors relevant to injunctive relief. Written by Sarah Ellington, partner at Watson Farley & Williams LLP.

Information Law weekly highlights—5 March 2026

Welcome to this week’s edition of the Information Law weekly highlights a hand-picked summary of news analysis, updates and new content related to laws governing the use and dissemination of information and personal data. Each week these highlights focus on developments in key topics such as data protection, ePrivacy, cybersecurity, breach of confidence, misuse of private information, and defamation.

Data by any other name—Court of Appeal reverses Upper Tribunal’s ruling on the protection of ‘personal data’ (DSG v ICO)

Information Law analysis: In this case, the Court of Appeal unanimously allowed the appeal brought by the Information Commissioner’s Office (ICO), holding that it is sufficient that data which has been subjected to unauthorised or unlawful processing by a third party still constitutes personal data from the perspective of the data controller, even if it is pseudonymised ‘in the hands of’ the data controller and therefore anonymised ‘in the hands of’ the attacker. Accordingly, the court held, the data controller is required to take ‘appropriate technical and organisational measures’ (ATOMs) to protect that personal data against such hackers, even where those third parties cannot themselves identify the individuals to whom the data relates. Even though this judgment is under the Data Protection Act 1998 (DPA 1998), this decision is significant as it confirms, in terms equally applicable to the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), that the scope of the security obligation is not diminished merely because stolen or exfiltrated data would be anonymised in the hands of the third party with unlawful access. This development expands and makes more pressing the obligation on controllers to assess and guard against a broader range of threats—including ransomware, data destruction, and bulk exfiltration, regardless of the attacker's capacity to re-identify data subjects. Written by Adelaide Lopez, senior associate at Wiggin LLP.

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