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DATA-PROTECTION  March 2017

DATA-PROTECTION March 2017

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Subject:

SAR and confidentiality

From:

Phil Bradshaw <[log in to unmask]>

Reply-To:

Phil Bradshaw <[log in to unmask]>

Date:

Wed, 1 Mar 2017 12:24:50 +0000

Content-Type:

text/plain

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text/plain (32 lines)

Extract from an article today about the Jess Varnish affair:

[JV's lawyer] told Cycling Weekly: “They have given us as much as they feel they have to and with respect to the Russell report on Jess’s complaint about Shane Sutton I don’t believe we’ve had the full report.

“They’ve given us information on what the allegations are and some redacted evidence of conversations they have had with people. Either it’s a very thin report or it’s not the complete report. If that’s it it’s quite unimpressive but if there is more but they are not obliged to release it then that’s not transparent.”

Fenton was unable to discuss the report or any of the other documents they have provided in detail as British Cycling’s lawyers Bird & Bird have written to him claiming the material is confidential. Witnesses who gave evidence to the internal investigation were told their contributions would be anonymous.


Read more at http://www.cyclingweekly.co.uk/news/latest-news/jess-varnish-still-battling-to-get-full-report-into-sexism-complaints-317234#TCdt5CfsP5zwqBHs.99

This raises a number of issues. Firstly the lawyer has said elsewhere that JV faces an expensive legal action to get what has not been released. But there is no suggestion they have made a free s42 ICO complaint. Then there is the ever vexed question of how far the "reasonable in all the circumstances" test will overcome witness confidentiality in these circumstances. Again something ICO can reconsider for free.

But what intrigued me was the suggestion that insofar as JV may have received third party PD under s7 (i.e.where the test has overridden confidentiality) , which was given "confidentially" or with an assurance of anonymity, JV and her lawyers are bound by that confidentiality. I have not had time to think about this or do any research but my initial reaction was "not at all" and that British Cycling solicitors are trying it on.

Any thoughts?

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