ST (A Minor) & Anor v L Primary School (Rev 2)

ST (A Minor) & Anor v L Primary School (Rev 2)

The School sent a letter disclosing ST's sensitive personal data without parental consent, which was not necessary or proportionate, breaching the Data Protection Act 1998, Articles 8 and 14 ECHR, and the tort of misuse of personal information. The claimants had a reasonable expectation of privacy, and the School failed to justify the disclosure.

Parties
Claimant: ST; Claimant: RF; Defendant: L Primary School
Jurisdiction
England and Wales
Judgment Date
30 April 2020
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Data Protection Act 1998, Human Rights Act 1998, Misuse of Personal Information, Article 8 ECHR, Article 14 ECHR, Disability Discrimination
Data Protection Human Rights Tort Data Protection Act 1998 Human Rights Act 1998 Misuse of Personal Information Article 8 ECHR Article 14 ECHR +1 more

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Parties

ST

Claimant

RF

Claimant

L Primary School

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

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

Ratio Decidendi

The School sent a letter disclosing ST's sensitive personal data without parental consent, which was not necessary or proportionate, breaching the Data Protection Act 1998, Articles 8 and 14 ECHR, and the tort of misuse of personal information. The claimants had a reasonable expectation of privacy, and the School failed to justify the disclosure.

Court Disposition

Claim allowed in part

Orders

  • Declaration that the School breached the Data Protection Act 1998 but no compensation to ST under the DPA
  • Declaration that the School breached Articles 8 and 14 ECHR rights of both ST and RF but no separate damages under the HRA