David Glen of 1 Brick Court took us though some recent legal developments but any errors in law or omissions in sense are all mine!The Data Protection Act 1998 was formed out of the EU Data Protection Directive (also known as Directive 95/46/EC). For the first decade of its existence, it caused a stir as a new area of law but then, litigation-wise, essentially discarded. Data protection has been seen as a secondary cause, offering a peripheral remedy after remedies that libel and misuse of information offer.
David believed that this is shifting and we will be seeing a change in the future. He suggested that people are far more aware of their personal data protection rights because of increased discussion in the press. The increased willingness of the judiciary to apply the data protection thresholds is also key; Tugendhat J. has turned it into a radical issue. The final case (below) that he discussed applies the DPA's already broad issue of fairness in an even wider way.