Smith v Lloyds TSB Bank Plc

The documents held by Lloyds were not 'data' within the meaning of the Data Protection Act 1998 as they were unstructured manual files, not part of a relevant filing system, and not processed by automatic means at the time of the request. Even if they were data, they were not 'personal data' relating to Mr Smith in the relevant sense. Therefore, Mr Smith's claim for disclosure fails.

Parties: Claimant: Terence William Smith; Defendant: Lloyds TSB Bank Plc
Jurisdiction: England and Wales
Judgment Date: 23 February 2005
Procedural Posture: Civil / Judgment After Hearing of Application for Disclosure Under Data Protection Act
Outcome: Claim dismissed
Legal Topics: Disclosure of Information, Personal Data Definition, Relevant Filing System, Manual Records, Data Subject Rights

Data Protection Banking Law Disclosure of Information Personal Data Definition Relevant Filing System Manual Records Data Subject Rights

Case Brief

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Parties

Terence William Smith

Claimant

Lloyds TSB Bank Plc

Defendant

Procedural Posture

Civil / Judgment After Hearing of Application for Disclosure Under Data Protection Act

Legal Issues

1 Whether the documents sought are 'data' within the meaning of the Data Protection Act 1998
2 Whether the documents, if data, are 'personal data' relating to the claimant
3 Whether the court should exercise its discretion to order disclosure under section 7(9)

Ratio Decidendi

Court Disposition

Claim dismissed