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 & Co. 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.