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
**********************************************************************
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager.
This footnote also confirms that this email message has been swept by
MIMEsweeper for the presence of computer viruses using Sophos
anti-virus software.
www.mimesweeper.com
www.sophos.com
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|