21st century problems

It has been the biggest innovation in the law of tort since trespass on the case. But it is never used. Well, hardly ever, although it offers a legal remedy for so many of our 21st century problems, such as hacking, trolling, identity theft, vulgar abuse, injurious falsehood and unauthorised surveillance.

I mean, of course, s 13 of the Data Protection Act 1998 (DPA 1998). In case you need reminding, that provides that an individual who suffers damage by reason of any contravention by a data controller of any of the requirements of DPA 1998 is entitled to compensation from the data controller for that damage. As for the requirements of DPA 1998, the data controller of “personal data” (data concerning an individual by which the individual can be identified) is required by s 4 to comply with the data protection principles in the processing of all personal data. Big businesses are data controllers in a big way. So are