Smith v Lloyds TSB Bank Plc [2005] EWHC 246 (Ch) (23 February 2005)

Smith v Lloyds TSB Bank Plc [2005] EWHC 246 (Ch) (23 February 2005)

The documents sought by Mr Smith are not 'data' within the meaning of the Data Protection Act 1998 because they are held only in unstructured manual files and not in a relevant filing system or by automatic means at the time of the request. Even if they were data, they do not constitute Mr Smith's personal data as defined by the Act.

Citation
[2005] EWHC 246 (Ch)
Parties
Claimant: Terence William Smith; Defendant: Lloyds TSB Bank Plc
Jurisdiction
England and Wales
Judgment Date
23 February 2005
Procedural Posture
Claim for Disclosure Under Data Protection Act 1998 / Judgment After Application for Disclosure Order
Outcome
Claim dismissed
Legal Topics
Definition of Data Under Data Protection Act 1998, Personal Data, Relevant Filing System, Manual Records, Disclosure Obligations
Data Protection Banking Law Definition of Data Under Data Protection Act 1998 Personal Data Relevant Filing System Manual Records Disclosure Obligations

Case Brief

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Parties

Terence William Smith

Claimant

Lloyds TSB Bank Plc

Defendant

Procedural Posture

Claim for Disclosure Under Data Protection Act 1998 / Judgment After Application for Disclosure Order

Legal Issues

  1. 1 Whether documents held by Lloyds constitute 'data' under the Data Protection Act 1998
  2. 2 Whether such documents are 'personal data' relating to Mr Smith
  3. 3 Whether the court should exercise discretion to order disclosure

Ratio Decidendi

The documents sought by Mr Smith are not 'data' within the meaning of the Data Protection Act 1998 because they are held only in unstructured manual files and not in a relevant filing system or by automatic means at the time of the request. Even if they were data, they do not constitute Mr Smith's personal data as defined by the Act.

Court Disposition

Claim dismissed