Durant v Financial Services Authority [2003] EWCA Civ 1746 (08 December 2003)

Durant v Financial Services Authority [2003] EWCA Civ 1746 (08 December 2003)

Most of the information sought by Mr. Durant was not his 'personal data' within the meaning of the Data Protection Act 1998, as it was not biographically significant or focused on him. The FSA's manual files did not constitute a 'relevant filing system' as they lacked sufficient structure to allow ready access to specific information about individuals. The FSA was justified in redacting information not constituting Mr. Durant's personal data or relating to third parties. The appeal was dismissed as the statutory requirements for disclosure were not met.

Citation
[2003] EWCA Civ 1746
Parties
Appellant: Michael John Durant; Respondent: Financial Services Authority
Jurisdiction
England and Wales
Judgment Date
08 December 2003
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Personal Data, Data Subject Access Requests, Relevant Filing System, Redaction of Personal Data, Interpretation of Data Protection Act 1998
Data Protection Administrative Law Personal Data Data Subject Access Requests Relevant Filing System Redaction of Personal Data Interpretation of Data Protection Act 1998

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Michael John Durant

Appellant

Financial Services Authority

Respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 What constitutes 'personal data' under section 1(1) of the Data Protection Act 1998?
  2. 2 What is a 'relevant filing system' for the purposes of manual records under the Act?
  3. 3 When is redaction of information about third parties in response to a data subject access request justified?

Ratio Decidendi

Most of the information sought by Mr. Durant was not his 'personal data' within the meaning of the Data Protection Act 1998, as it was not biographically significant or focused on him. The FSA's manual files did not constitute a 'relevant filing system' as they lacked sufficient structure to allow ready access to specific information about individuals. The FSA was justified in redacting information not constituting Mr. Durant's personal data or relating to third parties. The appeal was dismissed as the statutory requirements for disclosure were not met.

Court Disposition

Appeal dismissed

Orders

  • No further disclosure required by the FSA
  • No order for disclosure of manual files or unredacted computerised documents