Dear All,
I am after some advice after trawling the archives.
Here is the scenario. Person X makes a SAR to the Council. They were in care so they have a lot of agencies involved with them. They are particularly interested in the Court Report, usually this is the summary of the case, which provides a information roadmap to their care.
Now the Council holds this report because it was prepared for the court. It was prepared for the court's purposes not for the Council's because the council did not need the summary.
Here are my questions.
1) Under DPA would the information be held by the Council? (My view is yes. However, I am conscious of FOIA whereby someone may hold information but only on behalf of another. I do not think this applies but I am not certain as I would need to understand whether the FOI approach to held can apply to PD as PD is more inclusive.)
2) Can the council, even though they are the data controller (I am assuming they are the data controller), disclose the personal data from the report without permission of the court? Or do they need the permission of the court. My view is that no they could not disclose as it is not their document.
I can be convinced either way, as some people I have asked have said they had guidance to suggest that it could NOT be disclosed. However, I have also heard someone say that they attended a meeting and the ICO said yes, you can disclose the court report as you are the data controller.
Have I just remembered a myth that has become agreed wisdom even though it is wrong?
Any advice or assistance would be gratefully received and reciprocated.
Thanks
Lawrence
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