Does anyone know whether legal professional privilege can be claimed by
someone who is not a lawyer?
An advocacy project helped a client in a court case which ended unresolved.
The other party has now made a subject access request to the project, and
they do not want to provide any information that is not already in the
public domain. Can the project withhold the material in their case file en
masse under Schedule 7 (10), or do they have to go down the third party
consent route to decide whether or not specific data items should be
provided in response? (All the data about the other party was provided in
confidence either by the project's client, who will certainly not consent,
or by one of two official agencies also involved in the case.)
We considered whether they might argue that since the information on the
other party is only on paper, and in the client's file, it is not personal
data about the other party because of the way it is organised, but that
seems, at best, a risky argument.
Although the motives for a subject access request are of course irrelevant,
it does appear to be purely vindictive.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
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