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King's / Queen's Bench Division of the High Court
KB 2023 004108 - [2025] EWHC 1824 (KB)
Fecha: 22-Jul-2025
Complaint to the Information Commissioner’s Office
Complaint to the Information Commissioner’s Office
As well as seeking to debar reliance on JS1 in the County Court proceedings, in or around September 2021, Ersan had raised complaints with the Information Commissioner’s office (“ICO”) regarding JS1, which had been further escalated during the course of November 2021. On 5 January 2022, the ICO had responded, stating that no evidence had been identified that demonstrated that the defendant had breached the requirements of data protection legislation.
- Heading
- Introduction
- Background
- Ersan road traffic accident personal injury claims before the County Court
- JS1 and the initial data protection objections
- The debarring application and appeal
- Complaint to the Information Commissioner’s Office
- Resumption of the county court proceedings and the Ersan undertaking
- The current proceedings
- The evidence
- The claims before me and the parties’ submissions
- The defence
- The legal framework
- Lawfully, fairly and in a transparent manner
- Purpose limitation
- Data minimisation, storage limitation, integrity and confidentiality
- What is “necessary” and the proportionality assessment
- Pleadings
- Analysis and conclusions
- The factual basis for the claims: my findings
- Whether the processing was lawful - purpose
- Necessity and proportionality
- Fairness and transparency
- Purpose limitation
- Data minimisation, storage limitation, integrity and confidentiality
- Abuse of process
- Conclusions