Good Afternoon to all!
I have received a request from a solicitors regarding personal data of their
client's neighbours, and I was wondering if anyone has an opinion as to how
I intend to deal with it.
The solicitors client owns a house that is in the middle of two poor kept
abandoned properties, (both houses owned by landlords), because of the poor
state of the neighbouring properties their client is experiencing vermin
problems and flooding problems.
Initially the solicitors contacted the neighbourhood renewal section to
request it uses its powers under the Environmental Protection Act to force
the landlords to rectify the problems. The is being done in the due course
of the department (not faster enough for the solicitor apparently), unhappy
with this the solicitors want a disclosure of the landlords names, addresses
etc to contact them directly quoting the Environment Disclosure Regulations.
Due to this being a disclosure of personal data I am now involved. Firstly
they misquoted and I can only find the Environmental Information Regulations
1992, and I have asked that they quote the correct piece of legislation
under which they wish to request a disclosure and point to the exemption
under the DPA 1998 and how this is pertinent in their case.
Their response is that this is not their duty, and that I must disclose the
data unless an exemption applies.
I'm confused first the only requirement to release data in my opinion is for
Subject Access Request (clearly not the case) and then I do research
exemptions to supplying the data.
If however they wish to apply a Non-disclosure exemption I believe it is
their responsibility to claim the exemption quoting it under the DPA 19978,
and if this is under s35(1), the rule of law that they wish to rely upon.
Any thoughts??? Finally I'm of the opinion that non-disclosure exemption
allow for but do not insist upon disclosure, therefore the choice is
ultimately mine and they can not force me to disclose.
Paul Couldrey
Data Protection Officer
Wolverhampton Council
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