Former asylum seekers win privacy and data protection appeal


The Court of Appeal today handed down judgment in Secretary of State for the Home Department v TLU and TLV. The Court found that the respondents, who were the wife and daughter of a ‘lead applicant’ in a family asylum application, were referred to in a spreadsheet that had been published in a data breach by the Home Office, even though neither of them was named in it. According the Court held the published information was their private and confidential information and also constituted their personal data under the Data Protection Act 1998. It dismissed the Home Office’s appeal and upheld the decision of the trial judge, Mitting J, who had awarded damages of £12,500 to the wife and £2,500 to the daughter.

Hugh Tomlinson QC and Sara Mansoori represented the Respondents, instructed by Tamsin Allen of Bindmans LLP.

For the judgment, please click here.