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 breached the Data Protection Act 1998 by processing and disclosing sensitive personal data without parental consent, failed to justify the interference with Article 8 and 14 rights under the Human Rights Act 1998, and unlawfully misused personal information by sending the letter to parents. Compensation is awarded for misuse of personal information but not for breach of the DPA or HRA due to lack of evidence of direct distress to ST and absence of psychiatric injury to RF.

Citation
[2020] EWHC 1046 (QB)
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 / Trial Judgment
Outcome
Claims upheld in part; damages awarded for misuse of personal information; declarations for HRA breaches; no damages for DPA or HRA breaches.
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 / Trial Judgment

Legal Issues

  1. 1 Whether the School breached the Data Protection Act 1998 by sending a letter containing sensitive personal data without consent
  2. 2 Whether the School's actions breached the Human Rights Act 1998, specifically Articles 8 and 14
  3. 3 Whether the School misused personal information by disclosing private information without justification

Ratio Decidendi

The School breached the Data Protection Act 1998 by processing and disclosing sensitive personal data without parental consent, failed to justify the interference with Article 8 and 14 rights under the Human Rights Act 1998, and unlawfully misused personal information by sending the letter to parents. Compensation is awarded for misuse of personal information but not for breach of the DPA or HRA due to lack of evidence of direct distress to ST and absence of psychiatric injury to RF.

Court Disposition

Claims upheld in part; damages awarded for misuse of personal information; declarations for HRA breaches; no damages for DPA or HRA breaches.

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 ECHR (via HRA) in respect of ST and RF