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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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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Wills & Trusts Law Reports | March 2016 #157Taylor Wessing LLP (TW) are the London solicitors of Grampian Trust Company Limited (the trustee), a company resident and incorporated in the Bahamas. The trustee is trustee of a discretionary settlement known as the Glenfinnan settlement, settled in 1992 and governed by Bahamian law. The Glenfinnan settlement was a resettlement of certain funds from an earlier Bahamian settlement (the 1973 settlement). The first claimant is a beneficiary of the Glenfinnan settlement. The second and third claimants, her children, are not beneficiaries. In 2006 and 2009 the trustee made substantial appoin...
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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Cynthia O’Donoghue considers recent developments in data protection ‘Each of these decisions, opinions and guides all inform and should be used as a basis for interpreting the evolving definition of “personal data” rather than considered in isolation.’ What is ‘personal data’ is a conundrum often grappled with and for which there is little guidance except …
Continue reading "Data Protection: Ask no questions, tell no lies"
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Vanessa Hogan and Oliver Spratt consider the impact on employers of the information commissioner’s new Code of Practice ‘While the Code does offer some helpful guidance, its approach to organisations’ DSAR obligations remains uncompromising.’ It is becoming increasingly frequent for employees to send their employer a data subject access request (DSAR) either in anticipation of, …
Continue reading "Data Protection: Dealing with subject access requests"
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A recent decision may provide some encouragement to employers seeking to resist compliance with subject access requests that they believe have been made for the purposes of actual or contemplated litigation, writes Charles Wynn-Evans ‘The person making a SAR is not obliged to (nor can the recipient of the request require them to) state why …
Continue reading "Data Protection Act: Avoiding fishing expeditions"
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