Ezsias v Welsh Ministers

Ezsias v Welsh Ministers

Permission to appeal is granted on grounds relating to the legal interpretation of the Data Protection Act 1998 in light of Directive 95/46/EC, the adequacy and proportionality of the respondent's search for personal data, and the fairness of the hearing due to possible procedural irregularities. Permission is refused on other grounds.

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, Statutory Interpretation, Compliance With EU Directive 95/46/ec, Proportionality of Disclosure, Procedural Fairness
Data Protection Civil Procedure Data Protection Act 1998 Subject Access Requests Statutory Interpretation Compliance With EU Directive 95/46/ec Proportionality of Disclosure Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 disclosure of personal data
  2. 2 Whether the definition of personal data under the Act is narrower than Directive 95/46/EC and requires purposive construction
  3. 3 Whether the respondent failed to disclose all relevant personal data within statutory time limits

Ratio Decidendi

Permission to appeal is granted on grounds relating to the legal interpretation of the Data Protection Act 1998 in light of Directive 95/46/EC, the adequacy and proportionality of the respondent's search for personal data, and the fairness of the hearing due to possible procedural irregularities. 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)
  • Permission to appeal refused on all other grounds