Thanks for everyone's help with this.
If anyone comes across this in the future, the trustee has confirmed to us that Section 366 of the Insolvency Act 1986 means Section 35 of the DPA gives us a legal basis to disclose the data.
I have therefore recommended that we do so.
James
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Victoria Carr
Sent: 30 September 2014 09:25
To: [log in to unmask]
Subject: Re: [data-protection] Trustees for the estate of a bankrupt individual
Hello
My view would be the same in that if Trustees appointed by the court then they are acting on behalf of the court.
The conditions of processing would be in relation to legal proceedings.
If not appointed by the court, then I would be asking for a court order as you also have the issue around individual not providing consent. The latter would seem cleaner if not appointed by court and let the Judge decide.
Victoria
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