Data Protection in UK Law

These include: (i) the strength of the possible cause of action contemplated by the applicant for the order: Norwich Pharmacal at p 199F-G per Lord Cross of Chelsea, Totalise plc v The Motley Fool Ltd [2001] EMLR 750 at first instance para 27 per Owen J, Clift v Clarke [2011] EWHC 1164 (QB) paras 14, 38 per Sharp J; (ii) the strong public interest in allowing an applicant to vindicate his legal rights: British Steel at 1175C-D per Lord Wilberforce, Norwich Pharmacal at p 182C-D per Lord Morris of Borth-y-Gest, 188E-F per Viscount Dilhorne; (iii) whether the making of the order will deter similar wrongdoing in the future: Ashworth at para 66 per Lord Woolf CJ; (iv) whether the information could be obtained from another source: Norwich Pharmacal at 199F-G per Lord Cross, Totalise plc at para 27, President of the State of Equatorial Guinea v Royal Bank of Scotland International [2006] UKPC 7 at para 16 per Lord Bingham of Cornhill; (v) whether the respondent to the application knew or ought to have known that he was facilitating arguable wrongdoing: British Steel per Lord Fraser at 1197A-B, or was himself a joint tortfeasor, X Ltd v Morgan-Grampian (Publishers) Ltd [1991] 1 AC 1, 54 per Lord Lowry; (vi) whether the order might reveal the names of innocent persons as well as wrongdoers, and if so whether such innocent persons will suffer any harm as a result: Norwich Pharmacal at 176B-C per Lord Reid; Alfred Crompton Amusement Machines Ltd v Customs and Excise Commissioners (No 2) [1974] AC 405, 434 per Lord Cross; (vii) the degree of confidentiality of the information sought: Norwich Pharmacal at 190E-F per Viscount Dilhorne; (viii) the privacy rights under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of the individuals whose identity is to be disclosed: Totalise plc at para 28; (ix) the rights and freedoms under the EU data protection regime of the individuals whose identity is to be disclosed: Totalise plc v The Motley Fool Ltd at paras 18–21 per Owen J; (x) the public interest in maintaining the confidentiality of journalistic sources, as recognised in section 10 of the Contempt of Court Act 1981 and article 10 ECHR: Ashworth at para 2 per Lord Slynn of Hadley.

The ventilation of the Data Protection Act 1998 issues which I have considered was solely in witness statements and in the course of the trial by argument. The point taken by Mr. Coppel in paragraphs 25 and 26 of his written outline closing submissions was not taken until then. In those circumstances it is perhaps unsurprising that the franchisor had not produced its certificate of registration under the Data Protection Act 1998.

It also emphasised the GMC's legitimate interest in transparency and concluded 'Failure to disclose the findings of an independent expert would most likely be a breach of the Human Rights Act in terms of obligations to protecting the health, as well as the rights and freedoms of the data subject (i.e. [P]'s).