X v The Transcription Agency LLP & Anor [2023] EWHC 1092 (KB) (09 May 2023)

X v The Transcription Agency LLP & Anor [2023] EWHC 1092 (KB) (09 May 2023)

The judicial exemption in para 14 of Schedule 2 to the Data Protection Act 2018 applies broadly to all personal data processed by a judge or court in a judicial capacity, including case management, transcript approval, and related communications. The exemption is justified by the need to protect judicial independence and is not limited to the production of judgments or decisions. The court has power to consider withheld material in closed session. On the facts, all withheld data fell within the judicial exemption and the claimant was not entitled to disclosure. The second defendant's response to the subject access request was not out of time, as the relevant period runs from the date of...

Citation
[2023] EWHC 1092 (KB)
Parties
Claimant: X; First Defendant: The Transcription Agency LLP; Second Defendant: Master Jennifer James
Jurisdiction
England and Wales
Judgment Date
09 May 2023
Procedural Posture
Data Protection Claim (subject Access Request) / High Court Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Subject Access Requests, Judicial Exemption, Judicial Independence, Compliance Orders, Data Controller Obligations
Data Protection Judicial Immunity Civil Procedure Subject Access Requests Judicial Exemption Judicial Independence Compliance Orders Data Controller Obligations

Case Brief

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Parties

X

Claimant

The Transcription Agency LLP

First Defendant

Master Jennifer James

Second Defendant

Procedural Posture

Data Protection Claim (subject Access Request) / High Court Judgment After Trial

Legal Issues

  1. 1 Whether the judicial exemption under para 14 of Schedule 2 to the Data Protection Act 2018 applies to the defendants' refusal to provide personal data in response to subject access requests
  2. 2 Whether the court can consider withheld material in closed session
  3. 3 Whether the withheld data in fact falls within the judicial exemption

Ratio Decidendi

The judicial exemption in para 14 of Schedule 2 to the Data Protection Act 2018 applies broadly to all personal data processed by a judge or court in a judicial capacity, including case management, transcript approval, and related communications. The exemption is justified by the need to protect judicial independence and is not limited to the production of judgments or decisions. The court has power to consider withheld material in closed session. On the facts, all withheld data fell within the judicial exemption and the claimant was not entitled to disclosure. The second defendant's response to the subject access request was not out of time, as the relevant period runs from the date of...

Court Disposition

Claim dismissed

Orders

  • No declarations or compliance orders granted; claim dismissed in full.