The U.K. High Court's Recent Award of Compensation for Distress Caused by a Breach of the Data Protection Act
This article appeared in the July edition of Bloomberg BNA (Volume 14, Number 7), reproduced here with the kind permission of the editor.
The right to access to one’s own ‘‘personal data’’, subject to certain exemptions and limitations, has now been part of U.K. law for some 30 years. Under the Data Protection Act 1998 (‘‘DPA’’), an individual dissatisfied with the response to his or her ‘‘subject access request’’(‘‘SAR’’) can effectively choose whether to enforce those rights via the courts or via the U.K. regulator, the Information Commissioner’s Office (‘‘ICO’’). Helen Mulligan, Associate, and Owen O'Rorke, Solicitor, analyse the recent case of AB v Ministry of Justice  EWHC 1847 (QB) which provides an interesting addition to the limited case law in this area.
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