Beyts v Trump International Golf Club Scotland Ltd

Data protection – Prohibition on processing without registration – Compensation. Sheriff Court: In an action in which the pursuer sought compensation from the defenders under the Data Protection Act 1998 for distress she suffered after one of their employees photographed her urinating, founding only on the defenders' breach of the provision requiring a data controller to be registered with the Information Commissioner's Office, the court held that the pursuer's claim failed because the penalty for breach of that provision was prosecution under s 21 of the Act and it followed that the pursuer had not suffered any distress 'by reason of' the defenders' admitted breach of the registration requirement: there was no causal connection between the lack of registration and the distress that the court accepted the pursuer had suffered.

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