I agree with what you are suggesting. The fact that a lawyer is acting for someone (about something) doesn't imply that the data subject has agreed to the disclosure to the lawyer of the information being requested. You need at least a mandate from the data subject.
Donald
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ian Headley
Sent: 02 May 2019 15:44
To: [log in to unmask]
Subject: Re: [data-protection] Litigation Friend
This is my draft push back that I am debating with myself.
Whilst the RNN Group recognises that a Litigation Friend has authority to conduct proceedings on behalf of another, this is intended for legal proceedings and is not effective for the purposes of making a DSAR.
To be confident that the requirements necessary to uphold a DSAR have been appropriately made, and that the RNN Group can subsequently disclose information to yourselves, the Group requires evidence of an appropriate form of authority, such as Power of Attorney to be provided.
Could you please submit this evidence, or its equivalent, as soon as possible to facilitate the DSAR process.
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
Sent: 02 May 2019 15:13
To: [log in to unmask]
Subject: Re: [data-protection] Litigation Friend
Well well - a new twist on the "purpose of an SAR" issue.
My initial reaction is that the litigation friend has no power to do this unless he / she also has a POA.
It does not look like a step in the proceedings - unlike discovery. And in terms of discovery I would not expect formal consent as such - it is enough that the solicitor is acting for the client through the next friend.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This message (including any attachments) is sent in confidence for the addressee only and may contain confidential, personal or sensitive information. The contents are not to be disclosed to anyone other than the addressee. Dissemination, forwarding, printing or copying of this email is strictly prohibited.
Unauthorised recipients are requested to preserve this confidentiality and to advise the sender of any errors in transmission or email [log in to unmask] for further advice. Any contractual commitment intimated within this message will only be binding upon the RNN Group when confirmed by an official purchase order or formal written contract.
Any views or opinions presented within this email are solely those of the author and do not represent those of the RNN Group.
Should you require any further information about the RNN Group then please visit our web site at www.rnngroup.co.uk
*****************************************************
We may monitor and disclose, in response to an official request, all incoming and outgoing emails in line with current legislation.
We have taken steps to ensure that this email and any attachments are free from any virus, but it remains your responsibility to ensure that viruses do not adversely affect you.
*****************************************************
National Fluid Power Centre Ltd. Carlton Road, Worksop, Nottinghamshire. S81 7HP Registration No 02854049 Aston Recruitment & Training Ltd. Carlton Road, Worksop, Nottinghamshire. S81 7HP Registration No 05157318 Rotherham Education Services Ltd. Eastwood Lane, Rotherham, South Yorkshire. S65 1EG Registration No 08415740 The RNN Group VAT group registration number is 164473106 and incorporates all of the above subsidiary companies.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
The information in this email is solely for the intended recipients.
If you are not an intended recipient, you must not disclose, copy, or distribute its contents or use them in any way: please advise the sender immediately and delete this email.
Perth & Kinross Council does not warrant that this email or any attachments are virus-free and does not accept any liability for any loss or damage resulting from any virus infection. Perth & Kinross Council may monitor or examine any emails received by its email system.
The information contained in this email may not be the views of Perth & Kinross Council. It is possible for email to be falsified and the sender cannot be held responsible for the integrity of the information contained in it.
General enquiries to Perth & Kinross Council should be made to [log in to unmask] or 01738 475000.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|