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. OFFICIAL COURT REPORTERS AND AUDIO TRANSCRIBERS

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