Ian
Your points are valid for a solicitor's client, but the original message
refers to data about another party involved in a case, not their client.
Owen Parry
Pennaeth Cyfrifiadura Gweinyddol/
Head of Administrative Computing
Prifysgol Cymru/
University of Wales
Tel: (029) 2038 2656 Ffacs/Fax: (029) 2039 6040
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: 05 September 2001 20:11
To: [log in to unmask]
Subject: Re: SEction 35(2) - Disclosure for legal advice
I disagree.
What would be the difference between a Section 35(2), and disclosure made
with the permission of the data subject in these circumstances?
If a solicitor is acting on behalf of a data subject and requests
information which relates to their client (the data subject) they do have an
ability, to claim section 35(2) to obtain that data. Consent could
additionally be used where
sensitive data were involved.
Subject Access could legitimately be used by the solicitor acting on behalf
of a client to obtain the necessary data but would normally seem
unnecessary.
Regarding the statutory body professional inquiry issue - Section 35(2) is
not restricted to criminal or civil courts so would seem to incorporate the
type of inquiry stated.
As a back stop a solicitor could obtain a court order to access information,
but that would seem to be an extreme measure these days with all the other
routes the DPA 1998 provides. After all if solicitors could not gain access
to information about their client which was pertinent to their case the
legal system could not effectively function and there would be many
miscarriages of justice. Solicitors do have strict professional
confidentiality and ethical codes.
Ian W
----- Original Message -----
From: "Owen Parry" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 05, 2001 8:52 AM
Subject: Re: SEction 35(2) - Disclosure for legal advice
> I agree with your interpretation absolutely. It would otherwise give
> solicitors unfettered powers to pry beyond any of the controls applicable
to
> other bodies with some form of exemption such as the police.
>
> Owen Parry
> Pennaeth Cyfrifiadura Gweinyddol/
> Head of Administrative Computing
> Prifysgol Cymru/
> University of Wales
> Tel: (029) 2038 2656 Ffacs/Fax: (029) 2039 6040
>
>
> -----Original Message-----
> From: J F Hitches [mailto:[log in to unmask]]
> Sent: 05 September 2001 08:48
> To: [log in to unmask]
> Subject: SEction 35(2) - Disclosure for legal advice
>
>
> I would appreciate the views of others on the interpretation of
> section 35 (2) of the DPA which exempts disclosure for the
> purpose of legal proceedings and for the purpose of obtaining
> legal advice.
>
> My view of this section would be that these are legal proceedings
> involving, or the obtaining of legal advice by, the data
> controller. A firm of solicitors is suggesting that we can
> release data under this section concerning an individual who is
> involved in a statutory body professional inquiry (not a court
> case) with one of their clients. The university is not involved.
>
> I do not agree. What do others think?
>
> John Hitches
>
> J F Hitches
> Data Protection Officer and
> Information Security Officer
> Kingston University
> River House
> 53-57 High Street, Kingston upon Thames
> Surrey, KT1 1LQ
> Telephone/Fax: 020 8547 7768
> E-mail: [log in to unmask]
> The views expressed are those of the individual and
> not necessarily those of the university.
>
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