D - Data Controller
3/3/17
ITTIHADIEH v 5-11 CHEYNE GARDENS RTM CO LTD [2017] EWCA Civ 121; [2018] QB 256 (CA)
Considers the Data Protection Act 1998 including the meaning of “personal data” [61]-[69], who is a “data controller” [70]-[71], the form of a DSAR [78]-[81], the purpose of a DSAR [82]-[90], the form of a DSAR response [91-94], proportionality of search [95]-[103] (confirming that what is required is a “reasonable and proportionate search”), and the exercise of the court’s discretion [104] – [110] (confirming that relevant factors in the exercise of discretion include the absence of legitimate reason for a DSAR, the fact that the real quest is for documents, and the fact that the data is of no real value to the data subject).
8/8/13
OAKLEY SMITH v THE INFORMATION COMMISSIONER [2013] EWHC 2485 (Ch)
A liquidator is agent of the company in liquidation (whether compulsory or voluntary) and does not personally become a data controller within s 1(1) Data Protection Act 1984 in respect of data held by the company. On the facts the personal data could be disposed of by the liquidators providing sufficient data was retained to enable the company to respond to any subject access requests and to deal with claims in the liquidation.
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