Rugby Football Union v CIS Ltd (formerly Viagogo Ltd) [2012] UKSC 55,

21 November 2012

Martin Howe QC and Tom Moody-Stuart acted for the appellant (CIS Ltd, formerly Viagogo Ltd) in this appeal to the Supreme Court against a Norwich Pharmacal order which had been granted against a ticket exchange website requiring it to identify individuals who had been selling rugby tickets on the website. The Rugby Football Union (respondent to the appeal) contended that it needed the disclosure in order take action against individuals who were committing at least arguable wrongs by offering tickets for sale in breach of the RFU’s terms and conditions. In this landmark decision, the Supreme Court accepted that the courts’ powers to order the disclosure of the personal data of individuals must be exercised consistently with Article 8 (protection of personal data) of the EU Charter of Fundamental Rights but decided that the disclosure was a proportionate and necessary interference with that right in view of the RFU’s interest in furthering the development of the sport of rugby through enforcement of its ticketing conditions.

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