- Court of Appeal upholds compensation for data breach payable to identifiable individuals connected to the prime data subject (Secretary of State for the Home Department and another v TLU)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- First issue―whether the spreadsheet had contained TLU's and TLV's private and/or confidential information
- Second issue―whether the spreadsheet had contained TLU's and TLV's personal data
- Third issue―even if the information on the spreadsheet did not contain TLU's and TLV's personal data (but only that of TLT), whether TLU and TLV were, in any event, entitled to damages for the distress they suffered under DPA 1998, s 13, for the admitted contravention of TLT's rights under DPA 1998
- Case details
Information Law analysis: This appeal arose from the accidental online publication by the Home Office of a spreadsheet disclosing sensitive personal details of lead applicants for asylum or leave to remain. The Secretary of State for the Home Department (SSHD) admitted that the posting of the spreadsheet with the lead applicants’ personal details on the Home Office website amounted to a misuse of their private and confidential information, and to processing of their personal data in breach of the first, second and seventh principles set out in Schedule 1 to the Data Protection Act 1998 (the DPA 1998). The issue in contention was whether the SSHD and the Home Office (the appellants) were liable to the family members of the lead applicants, for data breaches and misuse of private information, hence entitling them to compensation as well as the lead applicants.
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