I might be missing something obvious here, but if the data subject is asking for his own data, then surely it's section 7, not section 35, isn't it?

Then you would have to consider whether or not the s29(1) exemption is engaged, for example if fulfilling his subject access rights would prejudice any investigation into the alleged crimes.

Regards,
Peter


Peter Dinsdale
Information Security Officer (Compliance)
Tel: 0191 208 6950

-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Catherine Hanley
Sent: 25 February 2015 09:24
To: [log in to unmask]
Subject: Re: [data-protection] s35 Access to Restricted Information

Hi Nigel
I'm not an expert on these but I'd probably refuse this. There is no obligation on you to release under s35, it's an option for you if you consider disclosure necessary for the individuals legal case, but it can sometimes be difficult to determine what is really necessary. Ultimately, if the individual is taking legal action against the Police (which they have to be in order for section 35 to be valid) and the Police have records that would support his case/ diminish their own, then they would have to release those under civil procedure rules anyway? 

I think you'd be best staying out of it if you don't have to involved yourself. I'm sure the Police would take issue in disclosure of their information beyond the purposes for which it was shared with the NHS?

Kind regards
Catherine
. . . . . . . . . . .

Catherine Hanley
Acting Information Governance Manager
Town Hall
Middlesbrough 
PO Box 503
TS1 9FX
01642 729686

-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Heness Nigel (CENTRAL AND NORTH WEST LONDON NHS FOUNDATION TRUST)
Sent: 25 February 2015 08:24
To: [log in to unmask]
Subject: [data-protection] s35 Access to Restricted Information

Dear all,

Would you be able to advise.

Someone is asking for access to a confidential and restricted document and saying that we should provide under s35.

The document is a Police Report of which the person is named as an alleged perpetrator in a number of crimes. The person is saying that he needs it to provide evidence of deformation of character against the Police and to target a specific officer when going to Court.

We would normally not provide this unless we had a Court Order to provide the persons file.

Any advise would be helpful.

Thank you and kind regards,

Nigel D Heness
FoI and Data Protection Officer
Tel: 020 3214 5852  Email: [log in to unmask] Web: www.cnwl.nhs.uk

Information Governance
CNWL - Central and North West London NHS Foundation Trust Trust Headquarters, 1st Floor Stephenson House, 75 Hampstead Road, London NW1 2PL

CNWL (Central and North West London NHS Foundation Trust) Has almost 7,000 staff providing integrated healthcare to a third of London's population, Milton Keynes and areas beyond.

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