Dear All,
I have an interesting situation on my hands and I want to make sure I am advising appropriately. I have followed this list, and followed DPA, for a few years now, but I have not come across this scenario.
A solicitors firm has contacted a school requesting the personal information of a child who was involved in an incident years ago at another school. The solicitors want the current school's records to show a pattern of behaviour.
The school is reluctant to disclose this information as they are not satisfied that this is appropriate or within their remit as a data controller. The solicitors had made the request citing s.35.
We advised that if the school was not satisfied with the reasons given to support s.35 they could refuse the request and ask that the solicitors firm obtain a court order. We said that s.35 is a gateway not a requirement.
The solicitor has stated that they will get a court order and make the school liable for the costs. Is this right? I have never heard of this happening.
I would be grateful for any advice or experience on this issue. Is this a legitimate statement or is it a bluff?
Thanks
Lawrence
Principal Information Management Officer
Durham County Council
Room 4/140
County Hall
County Durham
DH1 5UF
03000 268038
________________________________
Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|