ANTHONY WOOLLEY AND DEBORAH WOOLLEY AGAINST NAHID AKBAR OR AKRAM [2017] ScotSC 7 (03 February 2017)

ANTHONY WOOLLEY AND DEBORAH WOOLLEY AGAINST NAHID AKBAR OR AKRAM [2017] ScotSC 7 (03 February 2017)

The defender, as data controller, processed the pursuers' personal data (audio and video recordings) in breach of the first, third, and fifth data protection principles by failing to provide notice, processing data excessively and intrusively, and retaining data longer than necessary. The pursuers suffered distress as a result and are entitled to compensation.

Citation
[2017] ScotSC 7
Parties
Pursuer: Anthony Woolley; Pursuer: Deborah Woolley; Defender: Nahid Akbar or Akram
Jurisdiction
Scotland
Judgment Date
03 February 2017
Procedural Posture
Civil / Judgment After Proof
Outcome
Judgment for the pursuers.
Legal Topics
Data Protection Act 1998, CCTV Surveillance, Audio Recording, Personal Data, Data Controller Duties, Compensation for Distress
Data Protection Privacy Civil Liability Data Protection Act 1998 CCTV Surveillance Audio Recording Personal Data Data Controller Duties +1 more

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Parties

Anthony Woolley

Pursuer

Deborah Woolley

Pursuer

Nahid Akbar or Akram

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the defender's installation and operation of CCTV and audio recording equipment breached the Data Protection Act 1998 in relation to the pursuers' personal data.
  2. 2 Whether the pursuers are entitled to compensation for distress caused by the defender's data processing.

Ratio Decidendi

The defender, as data controller, processed the pursuers' personal data (audio and video recordings) in breach of the first, third, and fifth data protection principles by failing to provide notice, processing data excessively and intrusively, and retaining data longer than necessary. The pursuers suffered distress as a result and are entitled to compensation.

Court Disposition

Judgment for the pursuers.

Orders

  • Defender to pay Anthony Woolley £8,634 with interest at 4% per annum from date of decree until payment.
  • Defender to pay Deborah Woolley £8,634 with interest at 4% per annum from date of decree until payment.