(iv) whether damages should be awarded for loss of the right to control of personal and confidential information. It is common ground that I can and should take into account, in assessing damages for distress, awards made for psychiatric or psychological injury in personal injury cases to ensure that any award is not out of kilter with them. 12 As to the first contentious issue, I am satisfied that TLU and TLV can sue for both the common law and statutory torts. The family returns process had, as its object, the return of families with children under 18 who no longer had leave to be in the United Kingdom to their country of origin. The data collected related to that process. It was collected under the name of a lead applicant, in this case TLT but in others the mother of the children, but it applied to all of them. The fact that they had claimed asylum with TLT was just as much private and confidential information about them as it was about him. Their identity could readily be inferred from his name, as could the general area in which, like him, they lived in the United Kingdom. Further, the Home Office held personal data similar to that held about TLT. 13 "Personal data" is defined in s.1(1) of the 1998 Act: "'personal data' means data which relate to a living individual who can be identified-(a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller …". "Processing" is also defined in the same subsection: "'processing', in relation to information or data, means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including-… (b) retrieval, consultation or use of the information or data, (c) disclosure of the information or data by transmission, dissemination or otherwise making available …". 14 This data was "used" and therefore processed by transferring some of it -- the fact that TLT had family members, including children who had claimed asylum and had reached a particular stage in the family returns process -- to the spreadsheet. It was then further processed by the disclosure produced by the posting of the spreadsheet on the Home Office website. Anyone with knowledge of the family, by reference to TLT's name, would be able to BEVERLEY F. NUNNERY & CO. OFFICIAL COURT REPORTERS AND AUDIO TRANSCRIBERS

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières