There is a court direction call PII (Public Interest Indemnity) which allows
access to a third party file for information required by defence. Section
35 does also apply as it is not necessary to have a court order to impose.
The Courts are about to issue a revised directive when each public body
will be required to nominate a trained officer to review files so that only
information required by defence wil be released
Alan Stead
Service Manager Information Governance
Nottingham City Council
Severn's House
20 Middle Pavement
Nottingham NG1 7DW
Tel: 0115.91582678
Quoting Kirsty Gray <[log in to unmask]>:
> Hi Clementine
>
> The defence counsel can access the defendant’s house file with her
> knowledge / consent or make SAR on her behalf, becasue s/he is her
> lawyer.
> But cannot access the victim's housing file without her explicit consent
> -
> that would be a breach of non-disclosure provisions of DPA, unless one
> of
> the limited exemptions applies.
>
> Can't see that s.29 or s.34 would apply here - that only leaves s.35,
> disclosures required by law, by order of a court or in connection with
> legal proceedings. Even then disclosure has ‘fair & lawful’
> plus 'necessary' and not simply 'convenient'.
>
> Sounds like a fishing expedition to me, defence counsel may be hoping
> you
> will disclose under s.35(2) – necessary for legal proceedings – but I
> wouldn’t even consider it! Your organisation is not party to the legal
> proceedings so I cannot see that the disclosure is ‘necessary’ and you
> are
> not obliged to disclose in response to third party requests under
> s.35(2).
>
> The prosecution will disclose to the defence all information required in
> relation to the case as part of the ‘rules of disclosure’ – if the
> defence
> wants access to additional information from you then they can get a
> court
> order so that you are protected under s.35(1) if you hand over the file.
>
> Take care! Kirsty.
>
> Kirsty E Gray
> Access to Information Advisor
> Commission for Social Care Inspection
>
> Note: comments for discussion and debate only and do not necessarily
> reflect the corporate position of CSCI nor constitute legal advice.
>
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