Stuart says "Under the new Act, the "party or witness"
stipulation has been dropped, so there appears to be nothing to prevent
disclosure for any legal proceedings, whether or not the Council is
involved."
True: I checked this same point very recently with the OIC.
Leif
>>> Stuart Lynch <[log in to unmask]> 03/27 1:37 pm >>>
Neil
I have not had to rely on Section 35(2). However, I did have a case under
the 1984 Act when a solicitor was asking for information to use in
proceedings. I advised that the information should not be disclosed because
the Authority was not involved in the case. The equivalent to S35(2) under
the old Act was Section 34(5)(b) which permitted exemption from the
non-disclosure provisions if the disclosure was made for "...legal
proceedings in which the person making the disclosure is a party or
witness". As we were neither party nor witness in the proceedings we could
not disclose the information. Under the new Act, the "party or witness"
stipulation has been dropped, so there appears to be nothing to prevent
disclosure for any legal proceedings, whether or not the Council is
involved. Of course, there is no compulsion to disclose, unless the
organisation obtained court order, in which case S35(1) would come into
play.
Hope this helps
Stuart Lynch
The contents of this e-mail are the personal view of the author and should
in no way be considered the official view of Wirral Metropolitan Borough
Council.
-----Original Message-----
From: Neil Chadwick [mailto:[log in to unmask]]
Sent: 27/03/2001 13:27
To: [log in to unmask]
Subject: Legal proceedings exemption
Has anyone relied on the exemption for disclosures in connection with legal
proceedings in section 35(2)? Would it apply if an organisation asked us
for information about an individual they intended taking action against or
could it only be used if it was the data controller that was taking or
defending the legal proceedings? Any thoughts?
Neil
____________________________
Neil Chadwick
Stoke-on-Trent City Council
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