In a message dated 23/02/04 12:21:37 GMT Standard Time,
[log in to unmask] writes:
> I would say that if you knew the person was suing the Council when they
> made
> the request, you could legitimately turn them away. However, if neither you
> (or even they) are sure whether there might be litigation at a later date, I
> don't see how you could you could refuse to respond to a subject access
> request on that basis.
---------
I believe there is an exemption for data that would incriminate (would a
civil case qualify?) the data controller - except for offences under DPA - but Mr
Durant told the FSA he wanted the info to take (civil?) action against
Barclays Bank.
As there is no legal requirement to declare the reason for any SAR, and to
make an assumption could be dangerous, are data controllers in a position to
take any notice of the judges' comments about obtaining the data for legal
action?
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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