C - Compensation
20/2/13
SMEATON v EQUIFAX PLC [2013] EWCA Civ 108
The claimant's credit file with the defendant wrongly showed the claimant was bankrupt, when the bankruptcy order had been rescinded. The claimant claimed compensation from the defendant under s 13 Data Protection Act 1998 on the basis that he had been unable to raise finance for his company. The claim failed principally for lack of causation because the credit file contained other items of adverse information correctly registered. But the defendant had not breached its duty to take reasonable care to ensure the accuracy of its data. Current legislation does not provide for advertisement of annulments and rescissions of bankruptcy orders and it was unreasonable to expect credit reference agencies to lobby for change. Nor do credit reference agencies assume a duty of care in tort to persons whose data they hold.