Relevant filing system
11/3/20
DAWSON-DAMER v TAYLOR WESSING LLP [2020] EWCA Civ 352
Considers principles of joint privilege [26]. Whether joint privilege exists between trustee and beneficiary is a matter of procedural law, not substantive trust law [43] [47]. On the facts, joint privilege existed [53]. Also considers whether paper files are a relevant filing system within the meaning of the Data Protection Act 1998 [55]. The approach in Durant v Financial Services Authority (2003) to the meaning of relevant filing system is not compatible with later EU case-law. There are 4 questions to ask. First, are the files a "structured set of personal data"? Secondly, are the data accessible according to specific criteria? Thirdly, are those criteria "related to individuals"? Fourthly, do the specific criteria enable the data to be easily (or "readily" as the 1998 Act puts it) retrieved? [90]. If accessing the data requires the use of trainees and skilled lawyers, turning the pages of the files and reviewing the material identified, that is a clear indication that the structure itself does not enable ready access to the data [99].