Alert: Section 32(4) of the Data Protection Act 1998 complies with EU law (Stunt v Associated Newspapers Ltd)

Table of contents

• Original news
• Key point
• Further information

Article summary

IP & IT analysis: The High Court has found that section 32(4) of the Data Protection Act 1998 (DPA 1998), which provides in certain circumstances for an automatic stay of proceedings in respect of (among others) certain journalistic materials, is compatible with EU law. The defendant in the case was the publisher of the Daily Mail, the Mail on Sunday and the Mail Online. The claimant had for several years complained about the defendant's publication of articles on various topics and about the defendant's acquisition, retention, and use of personal data. The claimant claimed damages and/or an injunction for misuse of private information, harassment, and breaches and threatened breaches of DPA 1998. In response the defendant issued an application for a stay of proceedings under DPA 1998, s 32(4). The claimant resisted the stay on the grounds that DPA 1998, s 32(4) is incompatible with Articles 9, 22 and 23 of Directive 95/46/EC...