If you have no details about the sort of case being pursued, you cannot make
a reasoned judgement as to whether the exemption applies. You have to be
reasonably convinced that the disclosure is **necessary** for the legal action.
Who is bringing the action, the management company or the council?
Similarly with s29, the lawful ability to disclose only applies where failure
to do so would prejudice the prevention or detection of a crime or the
apprehension or prosecution of an offender.
I would write back to the organisation (Housing Association? RSL?) and ask
for more details such as the individual's last-known address, any other known
identifiers, course attended and why failure to disclose would prejudice their
legal action. Ask also whether there is any reason you should not contact the
individual concerned.
Even if they give all the information, if you are not reasonably convinced
you should not disclose.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
---------
In a message dated 17/11/04 14:41:21 GMT Standard Time,
[log in to unmask] writes:
> We have received a request from an organisation that manages rented
> accommodation on behalf of the council. They want us to confirm whether an
> individual was a student here and if so to provide the dates and contact
> addresses. They are quoting section 35.2 of the Data Protection Act but
> provide no more details as to why they require the information.
>
> Is this enough information for us to disclose or should they provide us
> with more information? Whilst on the subject does anyone know of any
> guidelines as to when sections 35 and 29 (although not mentioned this time)
> can be applied?
>
--------
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