identify them. They were not anonymised or, in Scots legal terminology,
"Barnardised", so as to render dissemination of statistical information about
them permissible because it was no longer personal data (see Lord Hope's
speech in Common Services Agency v Scottish Information Commissioner
[2008] 1 WLR 155 at para.27). The processing of data in the name of TLT
about his family members was just as much the processing of their personal
data as his. Further, and for the same reasons, such processing also misused
their personal and confidential information. TLU and TLV are therefore
entitled to bring their claims and to be awarded damages, if appropriate, as is
TLT on the same legal basis as him.
The second issue
15
Mr. Sanders submits that there is a threshold below which damages for
"distress" may not be awarded in respect of it. I agree there is. It is the de
minimis principle. There is no other. It is not engaged on the facts of this case.
The third issue
16
Miss Mansoori submits that I can, and should, derive guidance from awards in
cases involving the deliberate dissemination of private and confidential
information for gain by media publishers or individuals engaged in that trade,
such as Max Clifford. I disagree. In the case of all claimants, they maintain
that they were deeply shocked and put in fear by the Home Office's error.
Their cases are far closer to cases in which claimants have been caused to
suffer psychiatric injury by an actionable wrong, whether a careless act or
deliberate wrong, such as child sex abuse.
The fourth issue
17
I accept her submission that in principle damages can be awarded in respect of
the loss of control of personal and confidential information, a proposition
settled by the Court of Appeal in Gulati v MGN Ltd. [2016] 2 WLR 1217. On
the facts of these cases, as Miss Mansoori accepts, it is neither necessary nor
desirable to make a separate award in respect of this head of damage. What I
should, and will, do is to take it into account in the awards which I propose to
make.
18
The best guidance to the approach to the assessment of damages is I believe to
be found in the judgment of Lady Justice Arden in Gulati at para.48, with
modest amendments:
"Damages in consequence of a breach of a person's private rights are not
the same as vindicatory damages to vindicate some constitutional right.
BEVERLEY F. NUNNERY & CO.
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