Trushin v National Crime Agency [2014] EWHC 3551 (Admin) (29 October 2014)

Trushin v National Crime Agency [2014] EWHC 3551 (Admin) (29 October 2014)

The claim raises arguable issues as to whether the NCA's processing and disclosure of the claimant's personal data, given his refugee status and the political context, is lawful under the Data Protection Act 1998, Human Rights Act 1998, and EU Charter. The statutory framework is complex and the NCA, as data controller and public authority, must consider the claimant's rights. There is a compelling reason for a trial to investigate whether adequate assessment of risks to the claimant's rights has been made. The grounds for striking out or summary judgment are not made out.

Citation
[2014] EWHC 3551 (Admin)
Parties
Claimant/respondent: Mikhael Anatolyevich Trushin; Defendant/applicant: National Crime Agency
Jurisdiction
England and Wales
Judgment Date
29 October 2014
Procedural Posture
Application to Strike Out And/or Summary Judgment in Civil Claim / Interlocutory (application to Strike Out/summary Judgment)
Outcome
Defendant's applications to strike out and/or for summary judgment dismissed
Legal Topics
Processing of Personal Data, Refugee Rights, Article 8 ECHR, Data Protection Act 1998, Extradition, Interpol Red Notices
Data Protection Human Rights Public Law Processing of Personal Data Refugee Rights Article 8 ECHR Data Protection Act 1998 Extradition +1 more

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Parties

Mikhael Anatolyevich Trushin

Claimant/respondent

National Crime Agency

Defendant/applicant

Procedural Posture

Application to Strike Out And/or Summary Judgment in Civil Claim / Interlocutory (application to Strike Out/summary Judgment)

Legal Issues

  1. 1 Whether the processing of the claimant's personal and sensitive data by the NCA (and previously SOCA) is unlawful given his refugee status
  2. 2 Whether the claim discloses reasonable grounds and/or is an abuse of process
  3. 3 Whether the claim for damages and injunctive relief under the Data Protection Act 1998, Human Rights Act 1998, and EU Charter is sustainable

Ratio Decidendi

The claim raises arguable issues as to whether the NCA's processing and disclosure of the claimant's personal data, given his refugee status and the political context, is lawful under the Data Protection Act 1998, Human Rights Act 1998, and EU Charter. The statutory framework is complex and the NCA, as data controller and public authority, must consider the claimant's rights. There is a compelling reason for a trial to investigate whether adequate assessment of risks to the claimant's rights has been made. The grounds for striking out or summary judgment are not made out.

Court Disposition

Defendant's applications to strike out and/or for summary judgment dismissed

Orders

  • Claim to proceed to trial
  • No summary judgment or strike out granted