Harrison v Cameron & Anor [2024] EWHC 1377 (KB) (07 June 2024)

Harrison v Cameron & Anor [2024] EWHC 1377 (KB) (07 June 2024)

The Court held that the First Defendant's dissemination of the Recordings to friends and family was not a purely personal or household activity and therefore fell within the scope of the UK GDPR/DPA 2018. The First Defendant was a data controller in his personal capacity. Article 15(1)(c) UK GDPR entitled the Claimant to the identities of the recipients of his personal data. The Defendants were not entitled to withhold the identities of the recipients under Article 15(4) or the DPA 2018 exemption, as no sufficient evidence was provided that disclosure would adversely affect the rights and freedoms of the recipients or that the exemption applied. Accordingly, the Defendants were ordered to...

Citation
[2024] EWHC 1377 (KB)
Parties
Claimant: Mark Harrison; First Defendant: Alasdair Cameron; Second Defendant: Alasdair Cameron Limited
Jurisdiction
England and Wales
Judgment Date
07 June 2024
Procedural Posture
Data Protection Claim (subject Access Request) / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Subject Access Requests, UK GDPR Article 15, Personal Data Processing, Household Exemption, Disclosure of Recipient Identities
Data Protection Privacy Law Subject Access Requests UK GDPR Article 15 Personal Data Processing Household Exemption Disclosure of Recipient Identities

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Parties

Mark Harrison

Claimant

Alasdair Cameron

First Defendant

Alasdair Cameron Limited

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the First Defendant's processing of the Claimant's personal data falls outside the scope of the UK GDPR/DPA 2018 as a purely personal or household activity
  2. 2 Whether the First Defendant was a data controller in his personal capacity within the meaning of Article 4(7)
  3. 3 Whether Article 15(1)(c) entitles the Claimant to the identities of the recipients

Ratio Decidendi

The Court held that the First Defendant's dissemination of the Recordings to friends and family was not a purely personal or household activity and therefore fell within the scope of the UK GDPR/DPA 2018. The First Defendant was a data controller in his personal capacity. Article 15(1)(c) UK GDPR entitled the Claimant to the identities of the recipients of his personal data. The Defendants were not entitled to withhold the identities of the recipients under Article 15(4) or the DPA 2018 exemption, as no sufficient evidence was provided that disclosure would adversely affect the rights and freedoms of the recipients or that the exemption applied. Accordingly, the Defendants were ordered to...

Court Disposition

Claim allowed in part

Orders

  • The Defendants are ordered to disclose to the Claimant the names of all individuals to whom the Recordings or transcripts were disseminated in response to the subject access requests.