Hi
You can insist on a court order. Section 35 (2) is discretionary, and if
the council prefer to let the court decide (not an unreasonable position
to take), you can. Once they get the order, 35(1) kicks in and you're
covered.
Tim Turner
NHS Manchester
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 19 August 2010 15:39
To: [log in to unmask]
Subject: [data-protection] Section 35
We have had a request from a solicitor for a copy of a file to be used
in an NMC investigation. They are acting for 'the victim' (for want of a
better word) . They are claiming exemption under section 35. Our concern
is what if our file shows the accused to be innocent ? Can we insist on
a court order to release or do we have to disclose ?
Disclosures required by law or made in connection with legal proceedings
etc .(1)
Personal data are exempt from the non-disclosure provisions where the
disclosure is required by or under any enactment, by any rule of law or
by the order of a court. .
(2)
Personal data are exempt from the non-disclosure provisions where the
disclosure is necessary- .
(a)
for the purpose of, or in connection with, any legal proceedings
(including prospective legal proceedings), or .
(b)
for the purpose of obtaining legal advice, .
or is otherwise necessary for the purposes of establishing, exercising
or defending legal rights.
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