AB v Ministry of Justice

AB v Ministry of Justice

The defendant failed to comply with the claimant’s valid subject access request (the 4th request) by not disclosing personal data relating to the death of the claimant’s wife within the prescribed period, and by failing to disclose one item of withheld material not protected by legal professional privilege. The claimant suffered nominal damage and compensable distress as a result of these delays.

Parties
Claimant: A B; Defendant: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
11 June 2014
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Subject Access Requests, Legal Professional Privilege, Compensation for Distress, Disclosure of Personal Data
Data Protection Privacy Law Subject Access Requests Legal Professional Privilege Compensation for Distress Disclosure of Personal Data

Case Brief

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Parties

A B

Claimant

Ministry of Justice

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant failed to comply with subject access requests under the Data Protection Act 1998 regarding data relating to the death of the claimant’s wife
  2. 2 Whether withheld material was exempt from disclosure by reason of legal professional privilege
  3. 3 Whether the claimant is entitled to compensation for damage and/or distress caused by the delay or failure in disclosure

Ratio Decidendi

The defendant failed to comply with the claimant’s valid subject access request (the 4th request) by not disclosing personal data relating to the death of the claimant’s wife within the prescribed period, and by failing to disclose one item of withheld material not protected by legal professional privilege. The claimant suffered nominal damage and compensable distress as a result of these delays.

Court Disposition

Claim allowed in part

Orders

  • Defendant to pay the claimant nominal damages of £1.00 for damage and £2,250.00 for distress caused by delay in disclosure
  • Defendant to destroy all disclosed and withheld material relating to the claimant following the conclusion of proceedings, subject to further order