Thousands of BNP members whose details were leaked will not be able to sue either the far-right group or the disgruntled former member suspected of publishing the list, leading lawyers said last night.

Although there was a “clear breach” of data protection law in publishing the list, the legal remedies available to those affected are sparse. Members will not be able to sue the BNP itself, Hugh Tomlinson, QC, a leading data protection lawyer, said. “It’s unlikely they’d have a remedy against the BNP, which seems to be a victim of someone unlawfully obtaining sensitive information which it held.

“The Data Protection Act doesn’t oblige you to keep a lock on your front door. On the face of it there’s no claim against the party.”

It is unclear how the information was obtained from the BNP although Simon Darby, the group’s spokesman, claimed that a disgruntled former member was responsible. The party won a High Court injunction in April against the former member to prevent the material being published.

“If the BNP had left it lying in the street they’d be in difficulties,” Mr Tomlinson said. “But where information has been misappropriated by a former member, they’re probably not to blame. But the person who disclosed it could in theory face criminal proceedings which could lead to a fine and not to jail.”

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