Ian
Don't you love this Act, who can ever be certain they have the right
process.
Classic link is witness data. Such information is used in areas such as
Insurance claims. I would not supply any data to the data subject which
allows the identity of a witness to be known by the data subject unless I
was certain from my records they already knew the identity e.g. Case has
been to court or in the press. If I was certain they knew this persons
identity I am applying 7(4)b as it is pointless to seek consent. If I was
not certain the identity is known I would first go to 7(5)and edit and if
that did not work I would go to 7(4)a - can I get consent. If this not
possible I would decline supply 7(4)
Joint contracts for Insurance another example where both parties have an
interest in the insurance. It is reasonable to assume each knows the others
identity given it is a joint contract therefore do not need to seek consent
to disclose the other parties name or contract factors each knows. Again Im
relying on 7(4)b when supplying.
In practice advices are always try to remove names of anyone other than the
data subject or own staff before supply but the context, as you know, may
lead them to identify another individual. In such cases we try to remove as
much as possible keeping as evidence a copy of the the original position pre
edit with the data subject request file to enable the position to be
scrutinised as 'fair' should a challenge occur through the commissioner.
Here we are applying 7(5)
Hope this assists
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Ian Welton
> Sent: 30 May 2001 20:18
> To: [log in to unmask]
> Subject: Subject Access - 7(4b) and Section 35(2)
>
>
> Is there any guidance, or has anybody dealt with any subject
> access request
> the response of which will probably be directly used in legal proceedings?
>
> If so has the question of " it is reasonable in all the circumstances to
> comply with the request without the consent of the other
> individual" arisen,
> where the answer to that question has been affected by the
> eventual purpose
> and knowledge of the data subject making the request, and the solicitor
> acting on their behalf already have?
>
>
> Ian W.
>
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