October 14, 2007

Access to personal data - UK

A good place to look is at the legislation itself, in this case here:

http://www.opsi.gov.uk/acts/acts1998/19980029.htm


That way you don't get a filtered version of the facts.

Part II covers rights of access and procedures. If the data is sensitive and its disclosure to you might damage or distress a person, the data controller can refuse to give you documents under the "non disclosure provisions", which appear in several sections.

If you are in the process of establishing and/or proposing to defend your legal rights, considering a tribunal claim, wanting to seek legal advice etc, the data controller is NOT permitted to prevent access to the documents you need to see in connection with that – section 35.

(2): "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."

1 comment:

Anonymous said...

Thanks - this background information is so important.

Aphra Behn