Injured feelings for Data Protection Act breaches
The Court of Appeal has ruled in the case of Halliday v Creation Consumer Finance that when any data controller (including employers) is found by a court to have breached the Data Protection Act (DPA), there should be an award of damages for distress as allowed under the DPA. The Court of Appeal stressed that this should not be a substantial award.
Most importantly, it declined to introduce the detailed guidelines on awards for injury to feelings for discrimination into the DPA regime…
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This decision represents a welcome return to the ‘pay for what you use’ principle and strikes a fairer balance between different creditor and expense groups.
Winckworth Sherwood has provided a summary of the Trusts (Capital and Income) Act 2013.