Collette,
Apologies if I am going over old ground but as I am sure you know, to
disclose in a situation like this you would need to find an exemption in the
Act which allows you to do so. There are 2 that might apply - s29 if the
insurance company is considering a criminal case against the individual, but
more likely s35(2) if it is related to the PI case.
Assuming it is the latter, you need to be sure the disclosure is really
necessary for the purposes of the case. It can be almost impossible for you
to judge this, especially as you are dealing with an investigator and not
the actual insurance company. You might feel happier about this if you were
dealing with a solicitor acting for the insurance company, but this doesn't
make any difference legally. Also, even if you did think the disclosure
might be justified, it is worth remembering that neither s29 nor s35 forces
you to disclose any information.
In these circumstances, my approach would be not to disclose anything and
tell them to get a court order if they really want the data.
Valerie Taylor
Data Protection Consultant
Privacy Solutions Ltd
Tel: 020 8406 1402
Mobile: 07970 468841
Email: [log in to unmask]
Privacy Solutions Ltd, a company registered in England and Wales. Registered
No. 4382190
Registered Office 133 Ruden Way, Epsom Downs, Surrey KT17 3LW
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Colette Healiss
Sent: 24 October 2002 10:09
To: [log in to unmask]
Subject: [data-protection] Disclosure query
Dear All
We have received an enquiry from a private investigator acting on behalf of
a well known insurance company in pursuit of a case against an individual
who is bringing a substantial personal injury claim against his employer
(an engineering company).
With me so far ?
The private investigator has found out that the individual concerned is
believed to have been working as a doorman here during the period he was
supposed to be signed off work because of his injury and are requesting us
to confirm whether or not he is registered with us.
I can see that there would be justification for releasing relevant
information we may hold in this case. What has been exercising my brain
cells though is that I would be uncomfortable with releasing information
either to this investigator or to the insurance company (were they to write
in with a request). I feel we should only respond to such requests when
made by a solicitor (acting on behalf of the employer or insurance co in
this scenario) in connection with the compiling of evidence for a legal
case.
What do others feel on this one?
Colette Healiss
IT Strategy and Regulation
St Helens Council
Town Hall
Victoria Square
Telephone 01744 456052
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