East Dunbartonshire Council against Paul Paton (Sheriff Appeal Court Civil) [2026] SACCIV 17 (04 March 2026)

East Dunbartonshire Council against Paul Paton (Sheriff Appeal Court Civil) [2026] SACCIV 17 (04 March 2026)

The disputed risk assessment data was mixed personal data relating both to the claimant and his daughter; the claimant, as a data subject, was entitled to rectification and compensation for the Council's admitted failure to correct inaccurate data without undue delay, and the sheriff's award of damages was correct in law.

Citation
[2026] SACCIV 17
Parties
Defender and Appellant: East Dunbartonshire Council; Claimant and Respondent: Paul Paton
Jurisdiction
Scotland
Judgment Date
04 March 2026
Procedural Posture
Appeal (simple Procedure Data Protection) / Sheriff Appeal Court Judgment on Appeal
Outcome
Appeal refused
Legal Topics
Personal Data, Rectification of Data, Compensation for Data Breach, Mixed Personal Data, Parental Rights
Data Protection Civil Procedure Personal Data Rectification of Data Compensation for Data Breach Mixed Personal Data Parental Rights

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Parties

East Dunbartonshire Council

Defender and Appellant

Paul Paton

Claimant and Respondent

Procedural Posture

Appeal (simple Procedure Data Protection) / Sheriff Appeal Court Judgment on Appeal

Legal Issues

  1. 1 Whether the disputed data was the personal data of the claimant, his daughter, or both
  2. 2 Whether the claimant had the right to rectification and compensation under UK GDPR and Data Protection Act 2018

Ratio Decidendi

The disputed risk assessment data was mixed personal data relating both to the claimant and his daughter; the claimant, as a data subject, was entitled to rectification and compensation for the Council's admitted failure to correct inaccurate data without undue delay, and the sheriff's award of damages was correct in law.

Court Disposition

Appeal refused

Orders

  • Sheriff's decision affirmed; damages award stands
  • Rectification of inaccurate data required