Hello Andrew
Very interesting.
I think the crux of this is going to be the detail in the non-disclosure provisions, as Sec35 is worded "PD are exempt from the non-disclosure provisions where the disclosure......" As you'll know the non-disclosure provisions are not a package deal, and only apply to the extent that they are inconsistent with the disclosure in question, so I would go through those in detail.
My initial thought is that you're right but you need to go through them to make sure and I guess there may be some other actions you need to carry out to make it all fit.
Good luck. Let us know your outcome
Charlotte Mead
Sheffield City Council
-----Original Message-----
From: Taylor Joelle (CEX)
Sent: 03 June 2015 15:18
To: Jones Mark (CEX); Knight Mark (CEX); Curtis John (CEX); Mead Charlotte
Subject: FW: [data-protection] Court Order - 'Documents' vs 'Information'
This is an interesting case....
Joelle Taylor
Information Management Officer,
Information & Knowledge Management Team
Business Change & Information Solutions (BCIS), Sheffield City Council.
Tel: 0114 273 6388
Think green - Don't print unless you must.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Andrew Goodfellow-Swaap
Sent: 03 June 2015 14:27
To: [log in to unmask]
Subject: [data-protection] Court Order - 'Documents' vs 'Information'
Good afternoon everyone,
We've got an interesting little 'discussion' going on with solicitors at the minute that I'd be very interested to get views on.
Scenario:
Court Order received from solicitors stating that we must "...disclose to [the solicitors] all documents relating to the parties..."
We have pulled all the relevant records and disclosed them.
The solicitors have come back saying that we are in breach of DPA because the documents we've sent them contain third party information i.e. not one of the parties.
We have disagreed giving section 35(1) as our reasoning.
The solicitors are getting shirty.
In my view, the wording of the Order is clear, "all documents" not "all information". If it had been "all information" then the solicitor would have a point. But it didn't and in order to comply with the Order we have supplied all documents. Any thirds party material is covered by s.35(1) as it was necessary to disclose it in order to comply with the Order.
Views?
Thanks in advance.
Andrew Goodfellow-Swaap
Senior Information Officer
Nottingham City Council
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