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 of the first and second claimants, including sensitive personal data alleging criminal conduct. Orbis' processing of these data was not exempt under the Legal Purposes Exemption or the National Security Exemption in respect of the Fusion Disclosure. The data were inaccurate or misleading in certain respects, and Orbis failed to take reasonable steps to ensure accuracy. The claimants were entitled to limited remedies, including a declaration of inaccuracy and an order for Orbis to add a qualifying statement to Memorandum 112 and notify Fusion, but not to compensation.

Citation
[2020] EWHC 1812 (QB)
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 Trial and Judgment
Outcome
Partially in favour of the claimants; limited remedies granted.
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 Trial and Judgment

Legal Issues

  1. 1 Whether Memorandum 112 contained personal data of the claimants
  2. 2 Whether the data were sensitive personal data
  3. 3 Whether Orbis' processing was exempt under the Legal Purposes Exemption

Ratio Decidendi

Memorandum 112 contained personal data of the first and second claimants, including sensitive personal data alleging criminal conduct. Orbis' processing of these data was not exempt under the Legal Purposes Exemption or the National Security Exemption in respect of the Fusion Disclosure. The data were inaccurate or misleading in certain respects, and Orbis failed to take reasonable steps to ensure accuracy. The claimants were entitled to limited remedies, including a declaration of inaccuracy and an order for Orbis to add a qualifying statement to Memorandum 112 and notify Fusion, but not to compensation.

Court Disposition

Partially in favour of the claimants; limited remedies granted.

Orders

  • Declaration that certain personal data in Memorandum 112 are inaccurate or misleading.
  • Order that Orbis add a qualifying statement to Memorandum 112 and notify Fusion of the inaccuracy and the qualifying statement.