Feeds

Durant takes data protection battle to Strasbourg

The case continues...

Intelligent flash storage arrays

Michael Durant is taking on the UK Government in the next instalment of his ground-breaking data protection battle. His next venue is the European Court of Human Rights, following defeats in a County Court, the Court of Appeals and the House of Lords.

According to his lawyer, Tamsin Allen of Bindmans Solicitors, an application will submitted in April for his case to be heard in Strasbourg.

The argument will be made that Mr Durant has suffered a breach of Article Eight of the European Convention on Human Rights, which provides that "everyone has the right to respect for his private and family life, his home and his correspondence".

Mr Durant has been seeking access to certain information for many years. His dispute began when Barclays Bank claimed the repayment of a loan that Mr Durant maintains he never received. He believes he was the victim of a fraud but Barclays successfully sued him for the missing £120,000 in 1993.

Mr Durant has been seeking access to documents that would prove his claim ever since. However, the Financial Services Authority backed Barclays' refusal to give him access to an internal case file: it was confidential, they argued. And they maintain that Mr Durant has been given access to everything to which he is entitled within the limits of the Data Protection Act.

That Act provides a right of subject access. But its limits were tested by Mr Durant's case. In December 2003, the Court of Appeals issued a landmark ruling that narrowed the scope of personal data and when structured manual files were caught by the Act. The result of this interpretation was a narrowing of the right of subject access under the Act.

The House of Lords did not change that ruling; it simply refused Mr Durant's request for leave to appeal.

Ms Allen believes that Mr Durant's decision to continue his battle is partly a matter of principle. But she added that he's still seeking the information that will clear his name. "He doesn't accept what the FSA and Barclays have told him," she said. "Nobody has adequately analysed the documents in question; the Court of Appeal took a very broad-brush approach."

The case in Strasbourg is not against the FSA. It is against the UK Government. "If a national court doesn't fulfil its obligations under the Convention when it applies national law, the government is responsible," said Ms Allen.

The Strasbourg Court has the power to order an award of compensation if it finds that Mr Durant's human rights were breached. It could decide that 'just satisfaction' is simply a change in the law; or it might decide that compensation is also appropriate if, for example, the relevant documents have since disappeared.

Mr Durant hopes for an order that will support his claim for access to the personal data contained in the documents. If the order is in his favour, he can revert to Barclays and the FSA and argue for access under a wider definition of personal data.

The grounds for Mr Durant's Strasbourg application have not yet been finalised, according to Ms Allen. After the application is submitted, an admissibility hearing will be scheduled. If the Court accepts the case, a full hearing will follow. A decision could take several years.

Copyright © 2006, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Internet Security Threat Report 2014

More from The Register

next story
MI6 oversight report on Lee Rigby murder: US web giants offer 'safe haven for TERRORISM'
PM urged to 'prioritise issue' after Facebook hindsight find
Assange™ slumps back on Ecuador's sofa after detention appeal binned
Swedish court rules there's 'great risk' WikiLeaker will dodge prosecution
NSA mass spying reform KILLED by US Senators
Democrats needed just TWO more votes to keep alive bill reining in some surveillance
'Internet Freedom Panel' to keep web overlord ICANN out of Russian hands – new proposal
Come back with our internet! cries Republican drawing up bill
What a Mesa: Apple vows to re-use titsup GT sapphire glass plant
Commits to American manufacturing ... of secret tech
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Designing and building an open ITOA architecture
Learn about a new IT data taxonomy defined by the four data sources of IT visibility: wire, machine, agent, and synthetic data sets.
10 threats to successful enterprise endpoint backup
10 threats to a successful backup including issues with BYOD, slow backups and ineffective security.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?