Brenda Scourfield on Wednesday, October 29, 2003 at 4:50 PM said:-
> if I contact our legal department for a possible alternative address for
my data subject ......
If the data subject has focused their SAR to exclude any material your legal
department/solicitor may be holding about them then you do indeed have a
complication and I would suggest that you look to Schedule 2 for a means of
potentially reasonably and fairly obtaining and using an address held by the
legal team.
Clearly the agreement of the solicitor to disclose the address will be
needed; They should be interested in making sure that any disclosure made by
them will not compromise or unnecessarily complicate the prosecution.
Not knowing the details of either process (SAR/prosecution), to ensure there
is no possibility of compromise of that prosecution, you will possibly need
to consider carefully what chinese walls to erect between the two processes
even at the early stage of approaching the legal team dealing with the
prosecution. (Potentially the SAR may be connected to the data subjects
defence in some way) Although far fetched, I suppose it is not beyond the
bounds of possibility that the data subject could have stated they do not
wish the organisation generally to have access to any address of theirs
which is used by the legal team, or the address you have could be more up to
date that that being used by the prosecution, as people tend not to be much
attached to prosecution processes. A further complication could then arise,
can you disclose the address you have, and which exemption would be
pertinent.
Not even Friday!
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: Wednesday, October 29, 2003 4:50 PM
To: [log in to unmask]
Subject: Return to sender
Following on from my previous post, if I contact our legal department for a
possible alternative address for my data subject (they are currently
prosecuting him) can they let me have it or do they need his permission to
disclose ?? !!
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