Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 1812 (QB) (08 July 2020)

Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 1812 (QB) (08 July 2020)

Memorandum 112 contained personal data and sensitive personal data of the first and second claimants, including allegations of criminal conduct. Orbis' processing was not exempt under the Legal Purposes or National Security exemptions for the Fusion Disclosure. The data was inaccurate or misleading in certain respects, and Orbis failed to take reasonable steps to ensure accuracy. The claimants are entitled to a declaration of inaccuracy, rectification, and notification to Fusion, but not to compensation.

Citation
[2020] EWHC 1812
Parties
Claimant: Petr Aven; Claimant: Mikhail Fridman; Claimant: German Khan; Defendant: Orbis Business Intelligence Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2020
Procedural Posture
Data Protection Claim Under the Data Protection Act 1998 / High Court Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Personal Data, Sensitive Personal Data, Accuracy Principle, Fairness Principle, Legal Purposes Exemption, National Security Exemption, Remedies Under DPA
Data Protection Privacy Law Media Law Personal Data Sensitive Personal Data Accuracy Principle Fairness Principle Legal Purposes Exemption +2 more

Case Brief

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Parties

Petr Aven

Claimant

Mikhail Fridman

Claimant

German Khan

Claimant

Orbis Business Intelligence Limited

Defendant

Procedural Posture

Data Protection Claim Under the Data Protection Act 1998 / High Court Judgment After Trial

Legal Issues

  1. 1 Whether Memorandum 112 contained personal data of the claimants
  2. 2 Whether the data was sensitive personal data
  3. 3 Whether Orbis' processing was exempt under the Legal Purposes or National Security exemptions

Ratio Decidendi

Memorandum 112 contained personal data and sensitive personal data of the first and second claimants, including allegations of criminal conduct. Orbis' processing was not exempt under the Legal Purposes or National Security exemptions for the Fusion Disclosure. The data was inaccurate or misleading in certain respects, and Orbis failed to take reasonable steps to ensure accuracy. The claimants are entitled to a declaration of inaccuracy, rectification, and notification to Fusion, but not to compensation.

Court Disposition

Claim allowed in part

Orders

  • Declaration that certain personal data in Memorandum 112 is inaccurate
  • Order for rectification of the inaccurate data