Wills & Trusts Law Reports | Winter 2019 #177The claimants are beneficiaries of a number of Bahamian trusts; Taylor Wessing LLP (TW) act as the solicitors for the trustees of a number of these trusts.
On 14 August 2014, the claimant served a subject access request (SAR) on TW, requesting disclosure of the personal data relating to them held by TW as the solicitors for the trustees They were unsatisfied by the disclosure provided to them by TW, and brought proceedings under s7(9) of the Data Protection Act 1998 (DPA 1998).
The matter came before the Court of Appeal ([2017] 1 WLR 3255), which ...
Faranak Ghajavand continues her litigator’s guide to subject access requests ‘The Data Protection Act recognises that there are circumstances where data controllers have legitimate reasons for not complying with a subject access request and provides a number of exemptions from the obligation to do so.’ Part 1: ‘Change the subject’, CLJ73 In this second instalment, …
Continue reading "Data Protection: No access"
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In the first of a two-part article, Faranak Ghajavand provides a litigator’s guide to the benefits of subject access requests ‘Making a valid subject access request (SAR) is straightforward and inexpensive. There is no prescribed format provided it is in writing – indeed the Code of Practice specifies that data controllers may not insist on …
Continue reading "Data Protection: Change the subject"
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James Lister evaluates whether the Court of Appeal has established a new approach to disclosure and data protection ‘While in principle there are some potentially alarming consequences of this decision (Dawson-Damer & ors v Taylor Wessing LLP & ors [2016]) for trustees and their advisers in particular, it must be borne in mind that the …
Continue reading "Disclosure: A new dawn?"
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Gwendoline Davies guides the way through the obligations of data protection and disclosure ‘Whenever a data controller wishes to rely on the disproportionality or the privilege exemption, it should be prepared to justify that decision, with evidence in support.’ The extent of a data controller’s obligations to respond to data subject access requests (DSARs), and …
Continue reading "Disclosure: Blind data"
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Bradley Houlston rounds up recent case law and developments affecting employers and their advisers ‘Employers should be mindful that refusing access to relevant documents, even in response to a subject access request, could affect the fairness of a dismissal.’ Refusal to respond to a SAR contributed to unfair dismissal In McWilliams v Citibank NA [2016], …
Continue reading "Legal News: Employment update"
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Charles Wynn-Evans reviews the use of subject access requests in light of a recent High Court decision ‘The SAR (subject access request) was undoubtedly introduced with the best of intentions to ensure that individuals can monitor what information is held on them and what is being done with it.’ Under s7 of the Data Protection …
Continue reading "Data Protection: Show and tell"
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Paul Newman QC examines claims for trust documents under the Data Protection Act 1998, with reference to Dawson-Damer v Taylor Wessing LLP [2016] ‘The critical difference between the disclosure of trust documents and privilege is that the need to maintain confidentiality in the trust document may be overridden by the exercise of the court’s discretion.’ …
Continue reading "Disclosure: What makes data ‘personal data’?"
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