Lyons v Stephen House, QPM & Anor [2013] ScotCS CSIH_46 (05 June 2013)

Lyons v Stephen House, QPM & Anor [2013] ScotCS CSIH_46 (05 June 2013)

The pursuer failed to plead a relevant case of breach of statutory duty under the Data Protection Act 1998, as the data processed were exempt from subject access and accuracy requirements, and no averment was made of inaccuracy or failure to take reasonable steps. The communications were made on privileged occasions in the discharge of statutory duties to regulatory bodies, and the pursuer did not aver actual malice. Remedies sought were incompetent as they would interfere with criminal investigation and jurisdiction.

Citation
[2013] ScotCS CSIH_46
Parties
Pursuer and Reclaimer: David Lyons; Defender and Respondent: Stephen House, QPM, Chief Constable of Strathclyde Police
Jurisdiction
Scotland
Judgment Date
05 June 2013
Procedural Posture
Civil Reclaiming Motion / Appeal From Dismissal on Procedure Roll
Outcome
appeal dismissed
Legal Topics
Qualified Privilege, Malice, Accuracy of Personal Data, Fair Processing, Statutory Exemptions, Remedies in Defamation, Compensation Under Data Protection Act
Defamation Data Protection Privacy Law Qualified Privilege Malice Accuracy of Personal Data Fair Processing Statutory Exemptions +2 more

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Parties

David Lyons

Pursuer and Reclaimer

Stephen House, QPM, Chief Constable of Strathclyde Police

Defender and Respondent

Procedural Posture

Civil Reclaiming Motion / Appeal From Dismissal on Procedure Roll

Legal Issues

  1. 1 Whether dissemination of intelligence by police constituted actionable defamation
  2. 2 Whether processing and dissemination of sensitive personal data breached Data Protection Act 1998
  3. 3 Whether declarator and interdict are competent remedies

Ratio Decidendi

The pursuer failed to plead a relevant case of breach of statutory duty under the Data Protection Act 1998, as the data processed were exempt from subject access and accuracy requirements, and no averment was made of inaccuracy or failure to take reasonable steps. The communications were made on privileged occasions in the discharge of statutory duties to regulatory bodies, and the pursuer did not aver actual malice. Remedies sought were incompetent as they would interfere with criminal investigation and jurisdiction.

Court Disposition

appeal dismissed

Orders

  • action dismissed
  • no declarator or interdict granted