Search
  • Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Data Protection Question where I'm been asked for a persons details

Collapse
Loading...
X
Collapse
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous Next
  • #1

    Data Protection Question where I'm been asked for a persons details

    Hello,

    I run a forum similar to this one although in the security area.

    A while ago a member posted a thread asking if anyone had heard of a particular company, and they had heard they do not pay on time and had a bad reputation.

    I've received a letter from a solicitor requesting disclosure under s35 of the data protection act, all details I have of the poster, such as full name, email, IP address

    The letter states their client seeks this information with a view to seeking legal advice and potentially commencing legal proceeding against the poster.

    My question is do I have to release this info?

    Thanks

    MO
    Tags: None
  • #2
    Re: Data Protection Question where I'm been asked for a persons details

    The is no you don't have to hand it over as an obligation but they can instead make an application to the court for disclosure and if a court orders it then you will have to hand it over.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
    • 1 thank

    Comment

    • #3
      Re: Data Protection Question where I'm been asked for a persons details

      Hi MO
      Section 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.

      If they make an application for the Court to order the application would more than likely be successful ........... costs for the application would more than like be claimed and awarded by the court.
      Sparkie
      • 1 thank

      Comment

      • #4
        Re: Data Protection Question where I'm been asked for a persons details

        It would be a Norwich Pharmacal Order (not the same as disclosure applications) and if applied for the general rule is that the party seeking the documents will pay the other party's costs of complying.i believe there is also a relevance test to satisfy for the disclosure to be made.

        The solicitors have given a very vague request about a view 'potentially' commencing legal proceedings. It's a bit vague and no explanation is given about what the poster has been involved in.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
        • 1 thank

        Comment

        • #5
          Re: Data Protection Question where I'm been asked for a persons details

          Thanks for your replies.
          Here are some images of the letter received

          i66.tinypic.com/x1gbbm.png
          i63.tinypic.com/a8f29.png

          Comment

          • #6
            Re: Data Protection Question where I'm been asked for a persons details

            tagging [MENTION=6]Amethyst[/MENTION] ... she'll know more about this than most (she runs LB )
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment

            • #7
              Re: Data Protection Question where I'm been asked for a persons details

              Thanks for your help so fr guys

              Comment

              Previous Next

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

              Announcement

              Collapse
              No announcement yet.

              Court Claim ?

              Guides and Letters
              Loading...



              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              Working...
              X