Yao Bekoe v The Mayor and Burgesses of the London Borough of Islington
[2023] EWHC 1668 (KB)
Isma Ali v The Chief Constable of Bedfordshire Police
25 April 2023
[2023] EWHC 938 (KB)
High Court
A woman reported a crime but asked to stay anonymous. The police didn't keep her secret and she suffered because of it. A judge said the police were wrong and made them pay her £3,000.
Key Facts
- •Isma Ali contacted Bedfordshire Police to report her ex-husband's drug dealing, emphasizing her wish to remain anonymous.
- •The police shared Ali's identity as the source of the information with Luton Borough Council's Social Services, despite her request for anonymity.
- •A Luton social worker, in a relationship with Ali's ex-husband, illegally accessed and disclosed the report to him.
- •Ali suffered significant distress and anxiety as a result of the disclosure of her identity.
- •Ali filed a claim against Bedfordshire Police for breach of GDPR, misuse of private information, breach of confidence, and violation of Article 8 ECHR.
Legal Principles
GDPR Article 5(1): Personal data shall be processed lawfully, fairly and transparently.
Regulation (EU) 2016/679
GDPR Article 6(1): Processing of personal data is lawful only if at least one of the specified conditions applies.
Regulation (EU) 2016/679
Misuse of private information: A tort where a person has a reasonable expectation of privacy and that expectation is outweighed by a countervailing interest.
ZXC v Bloomberg LP [2022] UKSC 5
Breach of confidence: Requires confidential information, communication implying obligation of confidence, and unauthorized use.
Coco v AN Clark (Engineers) Ltd [1968] FSR 415
Article 8 ECHR: Right to respect for private and family life.
European Convention on Human Rights
Children Act 1989 s. 11(2): Duty to safeguard and promote the welfare of children.
Children Act 1989
Outcomes
Claim succeeds under GDPR.
The police failed to demonstrate the necessity of disclosing Ali's identity as the source, breaching Articles 5(1)(a) and (b). No balancing of interests occurred. The assurances of anonymity were significant. Anonymisation was possible.
Claim succeeds for misuse of private information.
Ali's reasonable expectation of privacy was not outweighed by countervailing interests.
Claim succeeds for breach of Article 8 ECHR.
The disclosure interfered with Ali's right to private life, and the police did not establish necessity in a democratic society.
Damages awarded: £3,000.
Compensation for distress under GDPR; Begum's actions broke the chain of causation for the full extent of Ali's distress, but some distress was directly attributable to the Police's actions. The same amount was awarded for misuse of private information and breach of Article 8 ECHR.
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