S - Scope of search
3/3/17
ITTIHADIEH v 5-11 CHEYNE GARDENS RTM CO LTD [2017] EWCA Civ 121; [2018] QB 256 (CA)
Considers the Data Protection Act 1998 including the meaning of “personal data” [61]-[69], who is a “data controller” [70]-[71], the form of a DSAR [78]-[81], the purpose of a DSAR [82]-[90], the form of a DSAR response [91-94], proportionality of search [95]-[103] (confirming that what is required is a “reasonable and proportionate search”), and the exercise of the court’s discretion [104] – [110] (confirming that relevant factors in the exercise of discretion include the absence of legitimate reason for a DSAR, the fact that the real quest is for documents, and the fact that the data is of no real value to the data subject).
24/4/12
ELLIOTT v LLOYDS TSB BANK PLC [2012] EW Misc 7 (CC)
In response to subject access requests for disclosure of personal data pursuant to s 7 Data Protection Act 1998 the bank carried out extensive searches and disclosed substantial personal data. The claimant sought additional disclosure of the records of 6 managers. The claim was not an abuse of process because the court was satisfied that one of the claimant’s significant motives was a concern that his data had been misused and his purpose was not merely to obtain pre-action disclosure. But the bank was only obliged to supply such personal data as it found after a reasonable and proportionate search and on the evidence the bank had carried out such a search.