Agreed.
You can release under s35(2) if you judge it 'necessary' for the purpose
or in connection with any legal proceedings. If you do this, document
your decision making process. Solicitors often try to make you feel
guilty by saying they will tell the Court you did not disclose and will
try to imply a certain 'guilt' or 'incompetence' on your part for not
disclosing. Generally I would wait for a Court Order.
With regards to informing the party 'who's data it is you are
releasing', I was recently advised by the ICO that you do not have to
inform them.
Regards
Steve
________________________________________________________________________
______________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
Resources Directorate
Council Offices, Foster Avenue,
Beeston, Nottingham, NG9 1AB
Tel: 0115 917 7777
Fax: 0115 917 3577
www.broxtowe.gov.uk
View our procurement page at: www.broxtowe.gov.uk/procurement
View our contracts notice board: www.sourcenottinghamshire.co.uk
Payments to Suppliers are published at
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Internal Users only - View our Procurement Intranet page at:
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 19 August 2010 16:02
To: [log in to unmask]
Subject: Re: [data-protection] Section 35
I agree with the others.
I prefer to use 35(2)(a) in the same way as 35(2)(b) e.g. as data
controller it may be necessary to disclose for the purpose of legal
proceeding in which I am involved but where, as I am not actually
seeking advice, (b) is not available. I would be very wary of using it
to disclose to a third party.
Whilst you can use s35(2) permissively in such a case that places a very
difficult burden on you to decide what is 'necessary' where you may have
only one side of the story - not only deciding whether to disclose but
also "the extent to which they are inconsistent with the disclosure in
question" - s27 (3) i.e. on what basis can you decide whether (and if so
what to say) you need to notify the data subject to satisfy the fair
processing requirement. At the very least the applicant should express
an opinion on this before you even consider a request - which in my
experience they NEVER do without prompting, and even when prompted they
often fail to understand the purpose of the question !
Phillip Bradshaw
Information Manager
Democratic Services
Room CY4A, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Fax: 029 2087 3349
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