Mark Halliday – Court Ruling (United Kingdom, 2013)

Court Ruling
DPA EWCA15 March 2013United Kingdom
final
Court Ruling

Court ruling (pre-GDPR, Directive 95/46/EC)

This national court ruling predates the GDPR and interprets earlier data protection law. It is excluded from cookie statistics and the Risk Calculator.

A UK court ruled that a financial services company wrongly reported a customer owed money, causing distress. The court awarded the customer £751 in damages for the mistake. This case shows that even small errors in data handling can lead to compensation if they cause distress.

What happened

A financial services company incorrectly reported a customer owed £1,500, affecting his credit file.

Who was affected

The customer who was falsely reported as owing money and suffered distress due to the error.

What the authority found

The court found the company violated data protection laws by sharing incorrect information, awarding damages for the distress caused.

Why this matters

This decision highlights that companies must handle data accurately and that even minor errors can lead to compensation if they cause distress. Businesses should ensure data accuracy to avoid similar claims.

National Law Articles

Section 13(1) and 13(2) Data Protection Act 1998
Decision AuthorityEWCA (UK)
Full Legal Summary
Detailed

A data subject (the claimant) purchased a television on credit through a financial services provider (the controller). Following a dispute, a court approved a consent order in February 2008 requiring the controller to discharge the credit agreement and delete all related data. Despite this order, the controller made erroneous data entries falsely showing the data subject owed £1,500 and transmitted this incorrect information to a credit reference agency (Equifax) between February and October 2008. When the data subject discovered the incorrect entries in May 2008, the false data remained on his credit file for approximately four months after discovery before removal in October 2008. The data subject had not complained immediately, only writing to the controller in July after checking again in June. The controller failed to defend against the data subject's counterclaim alleging breaches of the Data Protection Act 1998, resulting in a judgment in default. The Court of Appeal held that nominal damages satisfy the "damage" requirement under section 13(1) of the Data Protection Act 1998, thereby enabling a claim for distress damages under section 13(2) without proving substantial financial loss. The Court awarded £1 in nominal damages and £750 in damages for distress, establishing that frustration caused by breaches of important data protection principles merits compensation. The Court rejected applying discrimination law damages bands to data protection cases and confirmed that compensation aims to adequately remedy breaches, not to punish. The decision establishes that even single-episode breaches involving inaccurate data shared with third parties can warrant substantial non-material damages where the data subject suffered distress from the violation.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Mark Halliday in UK

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

15 March 2013

Authority

DPA EWCA

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Mark Halliday - United Kingdom (2013). Retrieved from cookiefines.eu

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