I'm sure that the judgement on Durrant included some mention of the fact
that the subject access rights were not, and were never intended to be,
a way around the "pre-disclosure" arrangements, and that you can, in any
case, claim the "legal proceedings" exemption under Section 34(5)(b).
I'm sure if anyone knows better, they'll soon enlighten me!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 29 April 2004 11:14
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure of Information?
In what respect does a site inspection report contain biographical data
about the individual? Surely you would have got the same report
irrespective of who it was who had tripped. So my starting point would
be
to query whether this is personal data at all, even if it's in a file
with
the individual's name on it.
If it's not personal data, there is no right of subject access (at
least,
not until 1/1/05. Others might know whether even then there would be an
exemption in this case).
What do your legal team say?
Paul Ticher
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.
----- Original Message -----
From: "Jane Corrin" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, April 29, 2004 9:38 AM
Subject: Disclosure of Information?
> Good Morning,
> Consider this one please - A person makes a SAR for all information we
have
> relating to him and his reported tripping accident ( yes, I do mean
the
> falling over variety ). He has a claim against the Authority which is
> being handled by our Insurance Claims Handlers,in relation to this
trip.
> Our Insurers have held back certain documents and said he must make a
> request to the court for them, ( pre- disclosure ) one of these
documents
> is the site inspection report where he fell.
>
> The person was invited to the site inspection and declined to attend,
but
> has asked under DPA for a copy of the report that was produced.
> The Insurance Company have sent him a set of documentation and we are
doing
> the same as the local Authority, BUT holding back the specific site
> inspection report because of advice from our Insurance Company - any
> thoughts.
> Many Thanks in Advance for the deluge of good advice.
> Jane Corrin
> Information Manager
> Wirral Council
>
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