Cole v Jersey Postal and anor [2004] JCA 087 (14 May 2004)

Cole v Jersey Postal and anor [2004] JCA 087 (14 May 2004)

The causes of action advanced by Mr Cole under the Data Protection (Jersey) Law 1987, the Rehabilitation of Offenders Act 1974, the ECHR, and negligence are unsustainable in Jersey law. No private law claim arises under the 1987 Law for the facts alleged, the 1974 Act does not apply, the ECHR is not directly enforceable, and no duty of care is owed by the defendants in the circumstances. However, Mr Cole should be permitted to seek leave to amend his claim to plead breach of confidence or misuse of private information, which may be arguable if properly formulated.

Citation
[2004] JCA 087
Parties
Plaintiff/appellant: Harry Royston Cole; First Defendant/respondent: The States of Jersey Postal Administration Committee (t/a Jersey Post); Second Defendant/appellant: The Chief Officer of The States of Jersey Police
Jurisdiction
Jersey
Judgment Date
14 May 2004
Procedural Posture
Civil Appeal / Appeal From Royal Court Judgment Striking Out Claim
Outcome
Appeal dismissed in respect of existing causes of action; leave granted to seek amendment for breach of confidence/misuse of private information.
Legal Topics
Spent Convictions, Disclosure of Criminal Records, Data Protection (jersey) Law 1987, Negligence, Breach of Confidence, European Convention on Human Rights, Rehabilitation of Offenders Act 1974
Employment Law Data Protection Tort Law Human Rights Spent Convictions Disclosure of Criminal Records Data Protection (jersey) Law 1987 Negligence +3 more

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Parties

Harry Royston Cole

Plaintiff/appellant

The States of Jersey Postal Administration Committee (t/a Jersey Post)

First Defendant/respondent

The Chief Officer of The States of Jersey Police

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Royal Court Judgment Striking Out Claim

Legal Issues

  1. 1 Whether disclosure of spent convictions by Jersey Police to Jersey Post without express consent was unlawful
  2. 2 Whether the Data Protection (Jersey) Law 1987 provides a private law cause of action for such disclosure
  3. 3 Whether Jersey Post or Jersey Police owed a duty of care in negligence to the applicant regarding disclosure

Ratio Decidendi

The causes of action advanced by Mr Cole under the Data Protection (Jersey) Law 1987, the Rehabilitation of Offenders Act 1974, the ECHR, and negligence are unsustainable in Jersey law. No private law claim arises under the 1987 Law for the facts alleged, the 1974 Act does not apply, the ECHR is not directly enforceable, and no duty of care is owed by the defendants in the circumstances. However, Mr Cole should be permitted to seek leave to amend his claim to plead breach of confidence or misuse of private information, which may be arguable if properly formulated.

Court Disposition

Appeal dismissed in respect of existing causes of action; leave granted to seek amendment for breach of confidence/misuse of private information.

Orders

  • Mr Cole to amend his order of justice by deleting unsustainable causes of action and related facts within a specified period.
  • Mr Cole permitted, if he wishes, to formulate and seek leave to amend his claim for breach of confidence or misuse of private information.