CAROL BEYTS AGAINST TRUMP INTERNATIONAL GOLF CLUB SCOTLAND Ltd [2017] ScotSC 21 (05 April 2017)

CAROL BEYTS AGAINST TRUMP INTERNATIONAL GOLF CLUB SCOTLAND Ltd [2017] ScotSC 21 (05 April 2017)

The pursuer did not suffer distress by reason of the defenders' breach of section 17 of the Data Protection Act 1998 (failure to register as a data controller); therefore, no compensation is due under section 13. The defenders are assoilzied from the claim.

Citation
[2017] ScotSC 21
Parties
Pursuer: Carol Rohan Beyts; Defender: Trump International Golf Club Scotland Limited
Jurisdiction
Scotland
Judgment Date
05 April 2017
Procedural Posture
Small Claim / Judgment
Outcome
Defenders assoilzied (absolved) from the claim; pursuer's claim dismissed.
Legal Topics
Data Protection Act 1998, Section 17 Registration Requirement, Compensation for Distress, Personal Data Processing, Public Access Rights
Data Protection Civil Liability Privacy Law Data Protection Act 1998 Section 17 Registration Requirement Compensation for Distress Personal Data Processing Public Access Rights

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Parties

Carol Rohan Beyts

Pursuer

Trump International Golf Club Scotland Limited

Defender

Procedural Posture

Small Claim / Judgment

Legal Issues

  1. 1 Whether the defenders' failure to register as a data controller under section 17 of the Data Protection Act 1998 entitles the pursuer to compensation for distress
  2. 2 Whether the defenders' processing of personal data (photographing the pursuer) was lawful
  3. 3 Whether the pursuer's distress was caused by the defenders' breach of section 17

Ratio Decidendi

The pursuer did not suffer distress by reason of the defenders' breach of section 17 of the Data Protection Act 1998 (failure to register as a data controller); therefore, no compensation is due under section 13. The defenders are assoilzied from the claim.

Court Disposition

Defenders assoilzied (absolved) from the claim; pursuer's claim dismissed.

Orders

  • Pursuer to pay defenders' expenses as a small claim in the sum of £300.