Thanks to all who provided useful advice on this.
-----Original Message-----
From: Ward, Ciaran
Sent: 16 September 2014 16:08
To: [log in to unmask]
Subject: [data-protection] DPA S35 Prospective legal proceedings
We've had a request from an insurance company for the full name of an individual believed to be responsible for negligence relating to water damage caused to a flat. The damaged flat is located next to the flat owned by the individual in question who was allegedly negligent in failing to make repairs to a pipe on his property - and thereby causing damage to the adjoining property. The insurance company has cited DPA s35(2) to justify their request - ie "prospective legal proceedings" in relation to a subrogated recovery claim in negligence. The question is whether a potential insurance claim constitutes legal proceedings for DP purposes.
My gut feeling would be a "yes" to the above and therefore to release the information, but was wondering if anyone out there might have any views on this?
Thanks.
Ciaran Ward
Senior Information Co-ordinator
Business Support Service
Chief Executives Department
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