Jurisdiction(s):
United Kingdom

Harrison v Cameron: UK GDPR DSARs require naming recipients absent exceptions; third-party rights may justify refusal; directors acting for companies not controllers; EU case law remains persuasive

Published on: 25 June 2024

Published by a LexisNexis Information Law expert

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Article summary

Harrison v Cameron and another company [2024] EWHC 1377 (KB)

What are the practical implications of this case?

This judgment provides helpful clarification for data controllers on handling DSARs. It also confirms that company directors, when acting in that role and processing data for their company, are not controllers; the controller is the company alone.

Article 15(1)(c) of the UK GDPR

The decision carries important implications for the reading of Article 15(1)(c). It confirms controllers must disclose the identities of personal data recipients, not merely categories, unless an exception applies (ie identification is impossible, or the request is manifestly unfounded or excessive). Organisations may wish to revise internal procedures so the default is to provide identities rather than categories. More broadly, documentation and records should be reviewed and kept up to date to record recipient identities, so this information can be easily provided if requested via a DSAR.

Third-party exemption

A data subject’s rights under Article 15(1)(c) are not absolute. The controller is the ‘ultimate decision maker’ who is responsible for deciding whether disclosure is reasonable. In making that assessment, the controller retains a ‘wide margin of...

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