Shepherd v The Information Commissioner

Shepherd v The Information Commissioner

Section 55(2) of the Data Protection Act 1998 imposes only an evidential burden on the defendant. The statutory language, context, and structure indicate that Parliament did not intend to impose a legal burden. The provision does not create a defence to a fully constituted offence but rather excludes criminal liability if the defendant raises specified matters. The appeal is allowed and the convictions are quashed.

Parties
Appellant: Paul Shepherd; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
18 January 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Crown Court
Outcome
Appeal allowed; convictions quashed
Legal Topics
Burden of Proof, Statutory Construction, Reverse Onus, Data Protection Act 1998, Article 6 ECHR, Defences to Unlawful Data Disclosure
Criminal Law Data Protection Law Human Rights Law Burden of Proof Statutory Construction Reverse Onus Data Protection Act 1998 Article 6 ECHR +1 more

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Parties

Paul Shepherd

Appellant

The Information Commissioner

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Crown Court

Legal Issues

  1. 1 Whether section 55(2) of the Data Protection Act 1998 imposes a legal or evidential burden of proof on a defendant
  2. 2 If a legal burden, whether this is compatible with Article 6 of the European Convention on Human Rights

Ratio Decidendi

Section 55(2) of the Data Protection Act 1998 imposes only an evidential burden on the defendant. The statutory language, context, and structure indicate that Parliament did not intend to impose a legal burden. The provision does not create a defence to a fully constituted offence but rather excludes criminal liability if the defendant raises specified matters. The appeal is allowed and the convictions are quashed.

Court Disposition

Appeal allowed; convictions quashed

Orders

  • Convictions quashed
  • No retrial ordered