ST (A Minor) & Anor v L Primary School (Rev 2) [2020] EWHC 1046 (QB) (30 April 2020)

ST (A Minor) & Anor v L Primary School (Rev 2) [2020] EWHC 1046 (QB) (30 April 2020)

The School sent a letter containing sensitive personal data about ST without obtaining parental consent, breaching the Data Protection Act 1998, Articles 8 and 14 of the Human Rights Act 1998, and the tort of misuse of private information. The School failed to justify the necessity or proportionality of the disclosure. Compensation is awarded for misuse of private information but not for breach of the DPA or HRA, as no direct distress to ST from the DPA breach was proven and declarations suffice for HRA breaches.

Citation
[2020] EWHC 1046
Parties
Claimant: ST (a Child by her Mother and Litigation Friend RF); Claimant: RF; Defendant: L Primary School
Jurisdiction
England and Wales
Judgment Date
30 April 2020
Procedural Posture
Civil Claim (high Court, Queen's Bench Division) / Trial Judgment
Outcome
Claims upheld in part. Declarations granted for breaches of DPA and HRA. Damages awarded for misuse of private information.
Legal Topics
Breach of Data Protection Act 1998, Breach of Human Rights Act 1998 (articles 8 and 14), Misuse of Personal Information, Consent to Data Processing, Disability Discrimination
Data Protection Human Rights Tort Breach of Data Protection Act 1998 Breach of Human Rights Act 1998 (articles 8 and 14) Misuse of Personal Information Consent to Data Processing Disability Discrimination

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Parties

ST (a Child by her Mother and Litigation Friend RF)

Claimant

RF

Claimant

L Primary School

Defendant

Procedural Posture

Civil Claim (high Court, Queen's Bench Division) / Trial Judgment

Legal Issues

  1. 1 Whether the School breached the Data Protection Act 1998 by sending a letter containing sensitive personal data without parental consent
  2. 2 Whether the School breached the Human Rights Act 1998, Articles 8 and 14, by sending the letter
  3. 3 Whether the School misused personal information by sending the letter

Ratio Decidendi

The School sent a letter containing sensitive personal data about ST without obtaining parental consent, breaching the Data Protection Act 1998, Articles 8 and 14 of the Human Rights Act 1998, and the tort of misuse of private information. The School failed to justify the necessity or proportionality of the disclosure. Compensation is awarded for misuse of private information but not for breach of the DPA or HRA, as no direct distress to ST from the DPA breach was proven and declarations suffice for HRA breaches.

Court Disposition

Claims upheld in part. Declarations granted for breaches of DPA and HRA. Damages awarded for misuse of private information.

Orders

  • Declaration that the School breached the Data Protection Act 1998 in respect of ST
  • Declaration that the School breached Articles 8 and 14 of the Human Rights Act 1998 in respect of ST and RF