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[Legal]

Hi there
if anyone could help me here I would be most grateful... I am looking for a case which concerned the sale of a nursing business (old people's home) whereby the sale included a customer and patient database.
The decision turns on whether or not you can transfer a database without having collected consent for this.
As you guessed it was held that you could not and that part of the sale was injuncted meaning that the buyer did not own the most valuable asset of the sale.

Does anyone out there remember this case and if so, do you know where I can find the judgement?
Thanks
Legal

[schorschiii]

i don´t know excatly what you need, but getting a customers and patients database is illegal

[Legal]

Hi
Well, that depends on the surrounding circumstances. It probably is an obscure decision - I wanted to use it to highlight how important it is to collect the proper consent from individuals when collating a database of personal information (including sensitive personal data) and also to show how a court would uphold a sale of a business which effectively would not transfer one of it's most valuable possession, i.e. the data.
I did find an oblique reference in some seminar papers to this case and was hoping that local (domestic) knowledge might be able to help.
Regards
Legal

[Dummerchen]

[Legal]

Afraid not, with this I guess this would be a doddle....

[Gast]

After searching a few legal databases (beck-online, juris; searching for altenheim datenbank) I could find no references.