Section 35 of the DPA 1998 Act

[axtelle]

Group,

 

I’m seeking help / advice on section 35 of the DPA 1998 Act:

 

35. 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.

 

Could someone please advise if sub-section 1 above could be applied as follows ?

 

If a creditor does not respond to an information request made under section 77-79 of the CCA 1974 Act then a SAR could be made for the information and if they continue to withhold the information then a court order could be sought to enforce the SAR which the creditor must comply with or else confirm they do not have the information ?

 

I hope this makes sense – any help / guidance would be appreciated.

 

Many thanks.

[mikeymack2002]

I do believe that you can apply to the Court to force the data controller to provide the requested information. What seems to be the issue?

[mikeymack2002]

I do believe that you can apply to the Court to force the data controller to provide the requested information. What seems to be the issue?

 

 

You may also wish to view the PDF from the Information Commissioners Office (ICO) which can be found here >> https://ico.org.uk/media/for-organisations/documents/1065/subject-access-code-of-practice.pdf

 

 

Try sections s7- page 30 / s9- page 41 / and s11- page 55 of the PDF...

 

 

s7 If other person named

s9 Could be company reasons

s11 Obtaining a Court order to release the information

 

 

So you will need to read s11 for more information ok?

 

 

Further information here >> https://ico.org.uk//for-organisations/guide-to-data-protection/

[Peterbard]

HI Extelle.

 

I am afraid it does not work like that.

A request for a true copy under section 77-79 of the act are entirely different to a subject access request made under section 7 of the DPA.

 

The first is in relation to a true copy of the agreement and other associated documents, the later is in regards to personal data relating to the data subject.

 

The sanction for not supplying a true copy is that any agreement is unenforceable until a compliant copy is supplied.

 

In the case of a breach of section 7 , complaint would be made to the ICO who would investigate and may or may not pursue on your behalf.

The request under section 7 is for data pertaining to the data subject and not far a contract.

It may be that they will supply an agreement under section 7 also it is not unknown that they do not.

 

A great deal can be accomplished by adjusting the way the request is phrased as they have no duty to supply an agreement, the applicant should always refer to personal data.

 

In any case this is not applicable under section 35 which relates to a court case which requires information within proceedings in order to reach a decision regarding another matter.

 

You are better stating wht the problem is and perhaps we will be bale to help.