Brenda
Not if the data subject's (owner of the personnel file requested) solicitor has written consent from his client (the data subject) to obtain the data subject's file - if this is indeed in your case, only its not that clear that it is. Or is the solicitor requesting another data subject's personnel file (i.e. not his client) then yes s35 would come into play under DPA and you could consider (not legally obligated to do so) disclosure.
Many thanks
Trish
Trish-louise Bailey
Audit & Assurance (Information Governance)
(IG covers: Data Protection & Privacy, FOI, Information Security, Information Sharing & Confidentiality, Information & Records Management, Information Quality & Assurance)
Telford & Wrekin Council
Civic Offices
Coach Central
Telford
TF3 4HD
www.telford.gov.uk
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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 Brenda Scourfield
Sent: 14 September 2011 09:58
To: [log in to unmask]
Subject: Section 35
Sorry if this is a silly question, but my brain is addled this morning.
If a solicitor makes a request for a data subject's personnel file (we have their permission to disclose) with the intention of pursuing a claim for damages against another person's insurers for some incident in the past, I believe this is a SAR.
Would section 35 come into play at all ?
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