The term 'discovery' in this context appears attached to the legal process
by which both parties set up their case.
I recall it was the Wolf reforms that tried to simplify and speed discovery
processes.
However I believe the 40 day subject access was found to be a quicker route
for legal discovery so some lawyers started to use as part of discovery
process with consent of their clients.
Clearly these comments in Durrant appear to be setting ground rules in that
context, possibly trying to move the lawyers back to what the Wolf report
was aiming for which appeared to be a simplified and controlled discovery
structure under which the lawyers released data to a timetable.
Anyone else with info on this observed link, I didn't read Wolf report
fully.
David
----- Original Message -----
From: "Tim Turner" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, February 23, 2004 10:43 AM
Subject: [data-protection] Subject access, litigation, and Durant
> Hello
>
> One bit of the Durant case has me puzzled (well, not only one, but one bit
> at the moment). The judges said that subject access is not a mechanism to
> obtain discovery of documents which may assist the subject in litigation.
> Which is fine in principle, but does this have a practical effect? For
> example, a lot of councils get subject access requests from firms of
> solicitors, acting on behalf of clients who are either suing the council
or
> someone else. If I knew that a subject access requester was pursuing the
> Council (and if I didn't, I'd probably find out along the way), does
Durant
> mean I might turn the request down?
>
> My instinct with people who are in conflict with councils is that one
should
> always try to help them because there's no point making an unhappy
situation
> worse by being uncooperative. However, there have been situations where it
> might have been nice to be able to allude to that bit of the Durant
> judgement.
>
> Any thoughts?
>
> Tim Turner
> Data Protection Officer
> Wigan Council
>
>
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