Phil,
My quick view, as the situation may have unseen caveats, is that the court order is on A. It is not on X.
Would we accept a situation where X has to do whatever A is ordered to do? If the court wanted to instruct X, they should have instructed X.
To put it differently, "My mate has instructed Bob to give me £10 pounds. You owe Bob £10. Therefore, you need to give me the £10."
I think that A would need to go to X with a s.35 (2) and provide, as justification, the court order. However, X could refuse. The issue, then (with all the caveats in mind) is whether the request is reasonable and whether any refusal is reasonable.
I would be interested to see how others understand it.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 06 February 2015 14:33
To: [log in to unmask]
Subject: s35 DPA
Court order in action between A & B says "Permission is given to the solicitors for A to obtain [copies of sensitive data documents] from X and to deliver copies to solicitors for B within 3 days of receipt". X is not a party to the action.
Order is served on X by solicitors for A with a demand for a copy of the documents.
Q. Is this s35(1) - required by order of court - no discretion, or s35(2) necessary for legal proceedings - x may decline ?
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