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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