Schedule 7 Paragraph 11 gives some "5th Amendment" exemption.
Regards
Alasdair Warwood
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Antoinette Carter
Sent: 12 August 2005 12:50
To: [log in to unmask]
Subject: Re: SAR - Durant - Litigation
Mmmm. Methinks you are on very dodgy ground there. You can't ask them
if they are seeking information for that purpose, so in what way could
you be "aware" of possible litigation in the future. You can't not
disclose information just because the information might give them
grounds to sue you! If litigation has already been initiated, or a
submission made to a tribunal (eg. Employment Tribunal) you could deny
access. But if a SAR unearths information which the data subject might
want to sue over, there is no reason why he shouldn't submit that
information as evidence in a court case at a later date. There's no
such thing as the "5th Amendment" in the Data Protection Act as far as
I'm aware!!!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Rob Dawson
Sent: 12 August 2005 12:18
To: [log in to unmask]
Subject: [data-protection] SAR - Durant - Litigation
Dear all
I have been rereading the Durant judgement and noted that LJ Auld, in
reference to S7 SARs stated ...
"Nor is to assist him, for example, to obtain discovery of documents
that may assist him in litigation or complaints against third parties. "
It struck me that where a Data Controller receiving a SAR was aware that
the request for data would, could or may be used in litigation and not
for checking compliance with the DPA or privacy etc the Data Controller
could refuse access.
Comments please.
--
Thank you and kind regards
Opinions are my own and do not necessarily reflect those of my employer
Rob Dawson
Institutional Compliance Officer
University of Chester
Parkgate Road
Chester
CH1 4BJ
[log in to unmask]
Chichester House 002
Tel: 01244 392892
Fax: 01244 392821
http://www.chester.ac.uk/
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