Case Note
Shah v Shah t/a John Cumming and Company & Another
A shareholding dispute turned on a recording of a meeting the objecting party had willingly attended; the objection invoked Article 31 and the Data Protection Act to keep it out. The Court held that an objector must actually demonstrate how their privacy was infringed — a bare invocation of the Act isn't enough — and that questions about how evidence was procured are for full trial, not a preliminary skirmish. It also noted, usefully, that the Act's Regulations only commenced on 14 January 2022, which matters for recordings made before then.
Whether you are defending a complaint, appealing a determination, or bringing a privacy claim of your own, the forum you choose and the procedural record you build early usually decide the outcome.
Muchangi Patrick & Associates Advocates represents complainants and respondents before the Office of the Data Protection Commissioner and on appeal, judicial review and constitutional petition before the High Court.
See how your own organisation would score against the same twenty benchmarks the ODPC and the courts test disputes like this one against.