Consent is consent, whether it is in writing or not. So there are actually
two questions here:
1) Do you need their consent in order to release the information?
2) If you need their consent, can you be satisfied that they have given
it, without written confirmation?
A lawyer who lied about their client having given consent would very quickly
get into trouble (I hope), so if the clients' lawyer says the person has
given consent, then releasing the information on the lawyer's say-so
shouldn't normally be a problem. Equally, if the lawyer is acting on behalf
of their client, then they can consent on their behalf too, as I understand
it.
So, if you do need consent, the question is do you trust the lawyer?
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Broom, Doreen" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, February 17, 2012 2:25 PM
Subject: Signed Consent
Hi - can you help? I am having some issues about obtaining signed consent
from lawyers acting on behalf of Social Services clients. There is a Court
case looming for a sensitive Social Services case and we do not want the
hearing to be cancelled. However, I am insisting on signed consent from the
clients which is normal practice here. One of our lawyers is saying that
S35(2) supersedes that. I am quite nervous about releasing the information
without signed consent. This is stated in Council documents. Anyone any
views on this or is there somewhere on ICO website to say we must obtain the
individual's consent>
Any help greatly appreciated.
Doreen
Doreen Broom
Data Compliance Officer
Scottish Borders Council
Resources Department - BTS
Tel: 01835 826516
e-mail: [log in to unmask]<mailto:[log in to unmask]>
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