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Depending on the circumstances, the document may qualify for litigation privilege. This branch of legal professional privilege applies to documents prepared for the purpose of litigation. The documents do not have to be written by or with a lawyer.

Best wishes

Susan Graham

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Date: Thu, 8 Dec 2016 11:30:38 +0000
From: Andrew Goodfellow-Swaap <[log in to unmask]>
Subject: Quick question - PI contained in court documents

Good morning all,

I think I may be having a moment here, but could someone advise as to how personal information (about a requester) is treated in a document created for a court by a local authority in response to a SAR?

I'm aware of the s.32(1) FOIA exemption of course. In previous organisations, I'm aware that court records have been blanket removed with the requester being given any relevant reference numbers and being told to contact the court directly.

Thanks in advance for your help.

Andrew

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Date: Thu, 8 Dec 2016 12:57:54 +0000
From: Phil Bradshaw <[log in to unmask]>
Subject: Re: Quick question - PI contained in court documents

Essentially no exemption and no equivalent to s32 FOIA.

In practice I would be more pedantic than normal (if possible for me!) about only disclosing the PD and not the documents as such.

Also for mixed data the court proceedings and rights arising from them would of course be relevant circumstances under s7(4).

Finally I suppose in rare cases, though I cannot easily create an example, the legal professional privilege or self-incrimination exemptions might bite.

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