I would treat it as a SAR with permission to disclose from the data subject. I believe you use Section 35 if you start releasing data without relevant data subjects permission with regards to legal proceedings as described by Jonathan Baines
______________________________________________________________________________________________________________________
Stephen Cotterill
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Scourfield, Brenda
Sent: 14 September 2011 10:50
To: [log in to unmask]
Subject: Re: [data-protection] Section 35
I suppose my question is just because the solicitor says they intend to take legal proceedings on receipt of the data - do I believe them and so use section 35 if I need to ? I am treating it as a SAR with permission to disclose from the data subject
Thanks
Brenda
Brenda Scourfield
Team Leader
I.T.
Pembrokeshire County Council
County Hall
Haverfordwest
SA61 1TP
01437 775380
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 14 September 2011 10:48
To: [log in to unmask]
Subject: Re: [data-protection] Section 35
Section 35 is an exemption from the non-disclosure provisions. This means that, in circumstances where you would normally not be able to disclose personal data you would be able to if the disclosure was necessary for the purposes of legal proceedings etc.
It shouldn't affect what appears to be a SAR - where the request is made by or on behalf of someone who *wants* it disclosed to them.
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jane Holden
Sent: Wednesday 14 September 2011 10:08
To: [log in to unmask]
Subject: Re: [data-protection] Section 35
Hmmm, wouldn't this just be if the data (or some of it) was that of a third party??? And even then it would be difficult to meet the necessity test.
Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria LA14 2LD
Tel: 01229 876452
Fax: 01229 876515
-----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: [data-protection] 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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