Display of computer data on screen not 'use'

LAW REPORT v 13 February 1996

Regina v Brown; House of Lords (Lord Goff of Chieveley, Lord Griffiths, Lord Jauncey of Tullichettle, Lord Browne- Wilkinson and Lord Hoffmann); 8 February 1996

The retrieval of personal data from a computer database by displaying it on the screen without doing any further act with the information retrieved does not constitute "use" of such data within section 5 of the Data Protection Act 1984.

The House of Lords (Lord Griffiths and Lord Jauncey dissenting) dismissed an appeal by the prosecution from the Court of Appeal's decision ([1994] QB 547) quashing the defendant's convictions under section 5 of the Data Protection Act 1984.

The defendant, formerly a police constable, was entitled to make use of personal data held in the police national computer for the registered purpose of policing. On two occasions he used the computer to find out the names of the registered keepers of motor vehicles which might belong to debtors of clients of a debt collection agency run by his friend.

In the first case the vehicle did not reveal any personal data. The second vehicle did reveal personal data but there was no evidence that any person made any use of the information obtained. The defendant was convicted of attempting to use and of using personal data for a purpose other than the registered purpose.

The Court of Appeal allowed his appeal on the ground it was necessary to do something to the data and not merely to access it before data could be "used" within the statute. The prosecution argued that since data was defined as information recorded in computer-readable form or binary code, it could be "used" only when the computer was operated, because once operated so that information from the database was displayed on the screen or printed out the information was not data.

Timothy Langdale QC and Tom Kark (CPS) for the prosecution; Brian Higgs QC and Robin Johnson (Durlings) for the defendant.

Lord Goff said that the defendant caused information which constituted the data to be displayed on the screen, read and observed the information so displayed, but took no other action. The question was whether by so acting he used the data, contrary to section 5(2)(b).

At first sight the retrieval of information would not of itself be "using" the information so retrieved. It would simply be transferring the information into a different form. The definition of data as information in a computer- readable form did not mean that such information was only data while so recorded. It meant that, if information was so recorded, it became data for the purposes of the Act; and if such information from that source was thereafter made use of it was used within the meaning of the Act.

If the prosecution's construction were correct, a police officer who idly operated the police computer, retrieving personal data on to the screen without putting it to any use, would be guilty of a criminal offence; whereas another police officer who learned from a colleague of certain information constituting personal data stored in the police computer and then used the information for business purposes would not. That could not be the statutory intention.

If the words were given their natural and ordinary meaning, the defendant would have been charged with an attempt. However there was no question of upholding the conviction of an attempt. Such a conviction was only possible if the jury, properly directed on the law, had concluded that the accused had gone beyond mere acts of preparation and embarked on the commission of the offence.

Lord Griffiths, dissenting, said that, whilst he rejected the prosecution's construction, "use" should be given a broad construction that forbade the illegitimate display of personal data, covering not only applying the information in the data for an illegitimate purpose but also the invasion of privacy involved in the illegitimate display of the information.

Lord Jauncey agreed with Lord Griffiths.

Lord Browne-Wilkinson agreed with Lord Hoffmann.

Lord Hoffmann, agreeing with Lord Goff, said that the scheme of the Act did not permit the phrase "use personal data" to be construed as including retrieval.

The operation performed by the defendant fell within the definition of "processing". It could not also constitute "using". The Act treated processing differently from using.

Ying Hui Tan, Barrister

PROMOTED VIDEO
News
ebooksAn unforgettable anthology of contemporary reportage
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs People

COO / Chief Operating Officer

£80 - 100k + Bonus: Guru Careers: A COO / Chief Operating Officer is needed to...

HR Manager - Kent - £45,000

£40000 - £45000 per annum: Ashdown Group: HR Manager / Training Manager (L&D /...

HR Manager - Edgware, London - £45,000

£40000 - £45000 per annum + Benefits: Ashdown Group: HR Manager - Edgware, Lon...

HR Manager - London - £40,000 + bonus

£32000 - £40000 per annum + bonus: Ashdown Group: HR Manager (Generalist) -Old...

Day In a Page

Secret politics of the weekly shop

The politics of the weekly shop

New app reveals political leanings of food companies
Beam me up, Scottie!

Beam me up, Scottie!

Celebrity Trekkies from Alex Salmond to Barack Obama
Beware Wet Paint: The ICA's latest ambitious exhibition

Beware Wet Paint

The ICA's latest ambitious exhibition
Pink Floyd have produced some of rock's greatest ever album covers

Pink Floyd have produced some of rock's greatest ever album covers

Can 'The Endless River' carry on the tradition?
Sanctuary for the suicidal

Sanctuary for the suicidal

One mother's story of how London charity Maytree helped her son with his depression
A roller-coaster tale from the 'voice of a generation'

Not That Kind of Girl:

A roller-coaster tale from 'voice of a generation' Lena Dunham
London is not bedlam or a cradle of vice. In fact it, as much as anywhere, deserves independence

London is not bedlam or a cradle of vice

In fact it, as much as anywhere, deserves independence
Vivienne Westwood 'didn’t want' relationship with Malcolm McLaren

Vivienne Westwood 'didn’t want' relationship with McLaren

Designer 'felt pressured' into going out with Sex Pistols manager
Jourdan Dunn: Model mother

Model mother

Jordan Dunn became one of the best-paid models in the world
Apple still coolest brand – despite U2 PR disaster

Apple still the coolest brand

Despite PR disaster of free U2 album
Scottish referendum: The Yes vote was the love that dared speak its name, but it was not to be

Despite the result, this is the end of the status quo

Boyd Tonkin on the fall-out from the Scottish referendum
Manolo Blahnik: The high priest of heels talks flats, Englishness, and why he loves Mary Beard

Manolo Blahnik: Flats, Englishness, and Mary Beard

The shoe designer who has been dubbed 'the patron saint of the stiletto'
The Beatles biographer reveals exclusive original manuscripts of some of the best pop songs ever written

Scrambled eggs and LSD

Behind The Beatles' lyrics - thanks to Hunter Davis's original manuscript copies
'Normcore' fashion: Blending in is the new standing out in latest catwalk non-trend

'Normcore': Blending in is the new standing out

Just when fashion was in grave danger of running out of trends, it only went and invented the non-trend. Rebecca Gonsalves investigates
Dance’s new leading ladies fight back: How female vocalists are now writing their own hits

New leading ladies of dance fight back

How female vocalists are now writing their own hits