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