Ezsias v Welsh Ministers [2008] EWCA Civ 874 (24 June 2008)

Ezsias v Welsh Ministers [2008] EWCA Civ 874 (24 June 2008)

Permission to appeal is granted on grounds relating to the legal interpretation of the Data Protection Act 1998, proportionality of disclosure, and procedural fairness, due to arguable points of law and potential irregularities in the original proceedings. Permission is refused on other grounds.

Source-derived case information.

Citation
[2008] EWCA Civ 874
Parties
Appellant: Ezsias; Respondent: Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
24 June 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted in part; refused in part.
Legal Topics
Data Protection Act 1998, Subject Access Requests, Proportionality of Disclosure, Compliance With EU Directive 95/46/ec, Procedural Fairness, Costs Orders
Data Protection Civil Procedure Data Protection Act 1998 Subject Access Requests Proportionality of Disclosure Compliance With EU Directive 95/46/ec Procedural Fairness Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ezsias

Appellant

Welsh Ministers

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Data Protection Act 1998 was properly interpreted and applied regarding the definition and disclosure of personal data
  2. 2 Whether the proportionality of the search for personal data was correctly assessed
  3. 3 Whether the Act should be construed in conformity with Directive 95/46/EC

Ratio Decidendi

Permission to appeal is granted on grounds relating to the legal interpretation of the Data Protection Act 1998, proportionality of disclosure, and procedural fairness, due to arguable points of law and potential irregularities in the original proceedings. Permission is refused on other grounds.

Court Disposition

Permission to appeal granted in part; refused in part.

Orders

  • Permission to appeal granted on grounds 2(d) to (k) of the Grounds of Appeal dated 31 December.
  • Permission to appeal refused on all other grounds.