I agree with your view John.
The non-disclosure provision has to be read in relating to the data
controller (the university). If the university had employed the solicitors
the section would have worked.
The solicitors are in my view merely acting as agents of their client.
Another point which has been made before is the under DPA 98 there are no
obligations for the university as data controller to disclose outside of any
other statute which creates it, then disclosure is via 35(1). Section 35(2)
does not create any obligation to disclose.
Advices I generally give is that the data requestor should clarify if they
claim a statutory access right and disclosures should not be made if they
cannot evidence.
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of J F Hitches
> Sent: 05 September 2001 08:48
> To: [log in to unmask]
> Subject: SEction 35(2) - Disclosure for legal advice
>
>
> I would appreciate the views of others on the interpretation of
> section 35 (2) of the DPA which exempts disclosure for the
> purpose of legal proceedings and for the purpose of obtaining
> legal advice.
>
> My view of this section would be that these are legal proceedings
> involving, or the obtaining of legal advice by, the data
> controller. A firm of solicitors is suggesting that we can
> release data under this section concerning an individual who is
> involved in a statutory body professional inquiry (not a court
> case) with one of their clients. The university is not involved.
>
> I do not agree. What do others think?
>
> John Hitches
>
> J F Hitches
> Data Protection Officer and
> Information Security Officer
> Kingston University
> River House
> 53-57 High Street, Kingston upon Thames
> Surrey, KT1 1LQ
> Telephone/Fax: 020 8547 7768
> E-mail: [log in to unmask]
> The views expressed are those of the individual and
> not necessarily those of the university.
>
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