Hi there
We have a court case in progress involving us and solicitors acting on behalf of one of our tenants. The solicitors have asked to see our tenant's housing file within so many days otherwise they will apply to the Court for an Order for Disclosure.
I initially treated it as a SAR and asked for the £10 fee and also signed consent from the tenant. I've had a letter back to say that "this is not a SAR and it should not be treated as such". I know we can make a disclosure of information under Section 35 of the DPA based on the fact that there are legal proceedings (although this is only a permissive exemption) but I'm not sure which way to jump on this one. I phoned the ICO DP Helpline and they suggested that I could disclose the info under Section 35 rather than via a SAR, would you agree? I'm being cautious as Shelter are being very aggressive.
Any thoughts would be gratefully received.
Kind Regards
Kate
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|