We have had a request from a solicitor for a copy of a file to be used in an NMC investigation. They are acting for 'the victim' (for want of a better word) . They are claiming exemption under section 35. Our concern is what if our file shows the accused to be innocent ? Can we insist on a court order to release or do we have to disclose ?
Disclosures required by law or made in connection with legal proceedings etc .(1)
Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court. .
(2)
Personal data are exempt from the non-disclosure provisions where the disclosure is necessary— .
(a)
for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or .
(b)
for the purpose of obtaining legal advice, .
or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
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