AB, CD, EF and GH -v- Syvret [2013] JRC 170 (04 September 2013)

AB, CD, EF and GH -v- Syvret [2013] JRC 170 (04 September 2013)

Mr Syvret is a data controller who processed sensitive personal data of the representors on his blog without their consent, causing substantial and unwarranted damage and distress. The processing is not justified by public interest or freedom of expression. The representors are entitled to a final injunction restraining further processing under Article 10 of the Data Protection (Jersey) Law 2005.

Citation
[2013] JRC 170
Parties
Representor: AB; Representor: CD; Representor: EF; Representor: GH; Respondent: Mr Syvret
Jurisdiction
Jersey
Judgment Date
04 September 2013
Procedural Posture
Application for Final Injunction Under Data Protection Law / Final Judgment
Outcome
Final injunction granted
Legal Topics
Injunctions, Sensitive Personal Data, Data Controller Liability, Freedom of Expression Vs Privacy, Substantial Damage or Distress
Data Protection Privacy Law Injunctions Sensitive Personal Data Data Controller Liability Freedom of Expression Vs Privacy Substantial Damage or Distress

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Parties

AB

Representor

CD

Representor

EF

Representor

GH

Representor

Mr Syvret

Respondent

Procedural Posture

Application for Final Injunction Under Data Protection Law / Final Judgment

Legal Issues

  1. 1 Whether Mr Syvret is a data controller under the Data Protection (Jersey) Law 2005
  2. 2 Whether the blog posts constitute processing of sensitive personal data
  3. 3 Whether the processing caused substantial damage or distress to the representors

Ratio Decidendi

Mr Syvret is a data controller who processed sensitive personal data of the representors on his blog without their consent, causing substantial and unwarranted damage and distress. The processing is not justified by public interest or freedom of expression. The representors are entitled to a final injunction restraining further processing under Article 10 of the Data Protection (Jersey) Law 2005.

Court Disposition

Final injunction granted

Orders

  • Mr Syvret is restrained from processing the representors' personal data within the meaning of the Data Protection (Jersey) Law 2005.
  • No reporting of any part of the proceedings is permissible; proceedings are to remain private.