The Court of Appeal's DecisionIn both cases, the CA refused to order further disclosure as follows:
Further searches would be "wholly disproportionate" and the domestic purposes exemption applied to the other respondents.
Although, the earlier judge may in some cases have taken too narrow a view of the scope of "personal data", further disclosure would serve no useful purpose.
It did not go unnoticed that Mr Ittihadieh had been using the proceedings "to bully" the respondents and Mr Deer had "engaged in low level attritional warfare against the university which is not appropriate and should go no further".
Best PracticeWhen responding to a SAR, employers should carry out searches that are reasonable and proportionate in the circumstances and should not withhold information on the grounds that it is requested in connection with actual or contemplated litigation.
That said, what is reasonable and proportionate in the eyes of the employer may be different to that of the data subject or the courts and may well depend on the detailed facts in each case. We have a team of specialist data protection lawyers on hand to assist with any SARs received.