Subject access - obligation to provide the data subject's personal data subject to an exemption and the balance in S.7(4)-S.7(6). Limited to data subject's personal data.

Section 35(2) - can choose to disclose ANY personal data so long as it is "necessary in connection with legal proceedings etc ....". Disclosure is non-obligatory and subject to the exemption from the non-disclosure provisions plus look at data sharing code of Practice.

Section 35(1) - obliged by law to disclose personal data. Personal data limited by the nature of the obligation. Disclosure subject to the exemption from the non-disclosure provisions plus look at data sharing code of Practice.

C

-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lynn Wyeth
Sent: 25 April 2012 08:28
To: [log in to unmask]
Subject: [data-protection] SAR v s35

Scenario:

Council starts eviction proceedings against tenant from a council property. Tenant appoints legal advice service on his behalf. Solicitor for legal advice service asks Council for all records on tenant (giving letter of authority from tenant) including rent payments / arrears, anti-social bahviour / noise reports, Housing benefit / council tax benefit records etc.

Would you 

a) treat it as Solicitor putting in SAR on behalf of client and charge £10; or
b) Consider it under s35 and not charge. (Or maybe you would, does anyone on here?)

Then, if a SAR, would you withhold all/some due to ongoing eviction / legal proceedings (Management planning exemption) and state they would get relevant info as part of that process in due course? Or if s35 would you refuse as it could prejudice the Council's case presently?

Could refusal to release info at this stage be used to defend any possession proceedings brought by a Council on the basis of an adverse review decision? 

In general, do other organisations give information to solicitors for free under s35 rather than charging £10 SAR if they are acting on behalf of clients? Or do you process as a SAR if they don't claim s35 themselves?

Lynn

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