Smeaton v Equifax CA[2013] EWCA Civ 108

The Data Protection Act
41. The Data Protection Act 1998 (“the DPA”) is one of three interrelated statutory
regimes relevant to this appeal. The others are the regime governing bankruptcy
orders contained in the Insolvency Act 1986 and the Insolvency Rules 1986, and the
rules regulating CRAs in the Consumer Credit Act 1974 and the Consumer Credit
(Credit Reference Agencies) Regulations 2000. 1
42. The following provisions of the DPA are the most relevant to the issues on the appeal:
(1) Section 1:
1 Basic interpretative provisions.
(2) Section 4:
(1) In this Act, unless the context otherwise requires -
“data” means information which –
(a) is being processed by means of equipment operating automatically in
response to instructions given for that purpose,
(b) is recorded with the intention that it should be processed by means of
such equipment,
(c) is recorded as part of a relevant filing system or with the intention that
it should form part of a relevant filing system...
(d) [...]
(e) [...].
“data controller” means, subject to subsection (4), a person who (either
alone or jointly or in common with other persons) determines the purposes
for which and the manner in which any personal data are, or are to be,
processed...
4 The data protection principles.
(1) References in this Act to the data protection principles are to the
principles set out in Schedule 1.
(2) Those principles are to be interpreted in accordance with Part II of
Schedule 1.
(3) [...]
1 These are incorrectly referred to in Judgment 2 at [88] as the Consumer Credit (Credit Rating Agencies)
Regulations.