Durant the next round: data protection goes to Strasbourg

Thanks to Out-Law for details of complaint to be made by Mr Durant to the European Court of Human Rights that a decision of the Court of Appeal interpreting the Data Protection Act, and the House of Lords' refusal of leave to appeal, breaches his rights to private life and correspondence (amongst others) under article 8 ECHR.

Mr Durant has been seeking information and documents from Barclays Bank, and both the bank and the FSA considered Mr Durant was not entitled to this under the DPA. The European Court of Human Rights is to be asked to consider whether these acts of courts of the UK means that the UK does not meet its obligations under article 8.

The question is interesting in itself - colleagues Lilian Edwards and Gillian Black have written on this elsewhere. Its also a reminder, if we explore further the role of human rights in IP litigation in national courts, that the logical conclusion could be Strasbourg.