Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Data Access Request

  • 02-02-2017 9:06am
    #1
    CrankyHaus
    Closed Accounts Posts: 2,281 ✭✭✭


    Hi All,

    Can a data access request under Sections 3 and 4 of the Data Protection Act 1988 be used to obtain information that may be used as evidence in future litigation?

    For instance could an employee who suffered an accident in a workplace make an access requests for all relevant information that refers to or features her and thus obtain this information faster and easier than going through more usual channels?

    Section 5 of the Act states that Section 4 does not apply to personal data:

    (f) consisting of an estimate of, or kept for the purpose of estimating, the amount of the liability of the data controller concerned on foot of a claim for the payment of a sum of money, whether in respect of damages or compensation, in any case in which the application of the section would be likely to prejudice the interests of the data controller in relation to the claim.

    (g) in respect of which a claim of privilege could be maintained in proceedings in a court in relation to communications between a client and his professional legal advisers or between those advisers,

    Would these subsections, particularly (f), be a reasonable basis for the data controller to refuse the request?


Comments

  • #2
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    It's used all the time in litigation as a quick and inexpensive means of discovery. Many institutions have come a cropper as a result of what a SAR uncovers.

    To claim legal privilege, you have to have instructed lawyers on the matter directly. Regarding estimates of quantum, yeah, that's outside the scope of a SAR.

    Falling within one of the limitation categories isn't reason to refuse a request outright, they only serve to limit what may be disclosed.


Advertisement