As s59(6)(a) DPA 18 applies to Processors, and according to ICO guidance barristers are Controllers not Processors, there won't be a conflict with a barrister’s obligations to the court or practice rules.
Thank you to everyone for your input on this controller v processor issue in relation to barristers. I think the conclusion I have come to is that even though it seems more logical (to me) that a barrister, working on behalf of a public authority, is a Processor, as ICO guidance says not, the risk of enforcement action is very low.
Helen Thirsk
Senior Lawyer, Enforcement and Prosecutions, Legal Services
Environment Agency | Lateral, City Walk, Leeds, LS11 9AT
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 17 February 2019 21:55
To: [log in to unmask]
Subject: Re: [data-protection] data-protection Digest - 13 Feb 2019 to 14 Feb 2019 (#2019-33)
"does Section 32(3) of the '18 Act put the issue to bed - at least for criminal cases?"
Yes it does seem to, and I was guilt of no recognising this as Pat 3 rather than GDPR.
However in the case of barristers I do wonder how they reconcile s59(6)(a) "act only on instructions" with rule rC21.5 of their code "You must not accept instructions to act in a particular matter if: ... your instructions seek to limit your ordinary authority or discretion in the conduct of proceedings in court".
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