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Prevention of processing causing damage or distress
Section 10 sets out your right to prevent data about you being processed in a way that causes, or is likely to cause, substantial damage or distress.
It is most likely that damage or distress will arise in relation to the processing of sensitive personal data.
You have the right to send a notice to the data controller requiring him to stop the processing within a reasonable period of time. When a data controller receives a data subject notice he must, within 21 days, give you a written notice stating that he has complied with the notice, or intends to comply with it; or explaining how he considers the notice to be unjustified
You are not entitled to serve a notice if any of the first four conditions of processing contained in Schedule 2 apply i.e. you have given valid consent to the processing; the processing is necessary for the taking of steps to entering into a contract or for the performance of a contract to which you are a party; the processing is necessary for compliance with any legal obligation; or it is a life or death situation.
It will be for a court to decide in each case whether the damage or distress is substantial and unwarranted. The Information Commissioner considers that that the particular processing must have caused, or be likely to cause, someone to suffer loss or harm or upset and anguish over and above annoyance level.
If the data controller fails to deal with your objection and in doing so causes you to suffer damage, you may be able to seek compensation under section 13 (see below).
In the case of Michael Douglas, Catherine Zeta Jones and Northern Shell Plc v Hello! [2003] EWHC 786 the claimants initially argued that they had exercised their right of objection under the DPA when they heard of the proposal by Hello! magazine to publish unauthorised pictures of their wedding day.
It is most likely that damage or distress will arise in relation to the processing of sensitive personal data.
You have the right to send a notice to the data controller requiring him to stop the processing within a reasonable period of time. When a data controller receives a data subject notice he must, within 21 days, give you a written notice stating that he has complied with the notice, or intends to comply with it; or explaining how he considers the notice to be unjustified
You are not entitled to serve a notice if any of the first four conditions of processing contained in Schedule 2 apply i.e. you have given valid consent to the processing; the processing is necessary for the taking of steps to entering into a contract or for the performance of a contract to which you are a party; the processing is necessary for compliance with any legal obligation; or it is a life or death situation.
It will be for a court to decide in each case whether the damage or distress is substantial and unwarranted. The Information Commissioner considers that that the particular processing must have caused, or be likely to cause, someone to suffer loss or harm or upset and anguish over and above annoyance level.
If the data controller fails to deal with your objection and in doing so causes you to suffer damage, you may be able to seek compensation under section 13 (see below).
In the case of Michael Douglas, Catherine Zeta Jones and Northern Shell Plc v Hello! [2003] EWHC 786 the claimants initially argued that they had exercised their right of objection under the DPA when they heard of the proposal by Hello! magazine to publish unauthorised pictures of their wedding day.
