2014 setting out verbatim what had appeared on the spreadsheet but without
the headings, so that not all of the answers could be readily understood. For
example, the letter "Y", in the space for "yes", appeared unexplained. It was, in
fact, confirmation that the spreadsheet had recorded that he had claimed
asylum. The letter contained an apology for the data breach.
9
A similar process was followed in the cases of PNA, PNB and PNC. All were
notified of the data breach on 19 January 2014. Explanatory letters, similar to
that sent to TLT, were sent to PNA and PNC on 16 April 2014 and to PNB on
3 March 2014. A redacted copy of the spreadsheet was not disclosed to any of
them until 26 August 2015, following the making of an unless order against the
defendants by Master Eastman on 5 August 2015.
The law
10
Much of the law is common ground and the subject of pleaded admissions by
the defendants and can, therefore, be taken shortly. It is accepted by Mr.
Sanders, for the defendants, that the posting of details about TLT, PNA, PNB
and PNC on the Home Office website from 15 October 2013 to 28 October
2013 contained in the spreadsheet amounted to a misuse of their private and
confidential information, and to processing their personal data in breach of the
first, second and seventh principles set out in Schedule 1 to the Data Protection
Act 1998. It is also accepted by him that, subject to proof, damages are
recoverable by these claimants for "distress" at common law and that, unless
the judgment of the Court of Appeal in Vidal-Hall v Google Inc. [2015] 3
WLR 409 is overturned or qualified by the Supreme Court, I am bound to hold
that damages for distress are also recoverable by them under s.13 of the Data
Protection Act 1998. I accept this common ground and will act upon it.
11
There are four significant areas of contention:
(i)
whether TLU and TLV can, subject to proof of "distress", recover
damages at common law or under the Data Protection Act 1998 because
they were not named in the spreadsheet;
(ii) whether the level of distress found to have been truly experienced by the
claimants crossed a threshold below which damages are not recoverable;
(iii) whether any useful guidance is to be discerned as to the level of awards
in cases involving deliberate exploitation of private and confidential
information for gain by media publishers and those concerned in that
trade;
BEVERLEY F. NUNNERY & CO.
OFFICIAL COURT REPORTERS
AND AUDIO TRANSCRIBERS
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