Presentation of UK research for EU Fundamental Rights Agency comprehensive study of data protection redress mechanisms

1. DP redress in the UK
Dr Ian Brown, University of Oxford
UK social science expert for FRA Thematic
Area H: Human Rights Issues Relating to
the Information Society

2. Drivers and mechanisms
 Most frequent violations: disclosure of
personal data to unauthorised persons and
the refusal of access to personal data held
by the police, medical services, social
services, employers and others
 In the great majority of cases the damage
caused was emotional distress
 Mechanisms used: claim in the ordinary
courts; taking a complaint to ICO; appealing
against a decision of ICO to the Information
Rights Tribunal

3. Barriers to redress
 Lack of awareness and understanding of
complex law (little jurisprudence)
 Limited compensation – only by courts,
normally for pecuniary loss, not distress
 Courts unsympathetic – interpret narrowly,
award nominal damages, prioritise FoE
 Lack of judicial expertise in lower courts –
no specialisation, few cases
 Cost of litigation – no legal aid, cost orders
 ICO prefers informal approach, individual
cases rarely lead to enforcement

4. Possible improvements
 DPA should be made easier to understand,
with distress compensated
 Judges should be trained in DP law
 ICO should publish its ‘compliance
likely/unlikely’ assessments in DPA cases
 Legal aid should be granted in DPA cases
 ICO should have resources for test cases
 Provision for collective redress

5. Good practices
 Valuable ICO remedy for data
subjects
 Strong ICO educational role for data
controllers about their obligations, and
public about data protection law
 Civil society assistance to data
subjects in using redress mechanisms
 Central and local government ‘one
stop’ procedures for complaints

6. Good practices
 Valuable ICO remedy for data
subjects
 Strong ICO educational role for data
controllers about their obligations, and
public about data protection law
 Civil society assistance to data
subjects in using redress mechanisms
 Central and local government ‘one
stop’ procedures for complaints