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I have a current ongoing personal injury claim against 3 former employees. In May of this year I made a DSAR to an employee who I left in June 2016. I was shocked to discover they were processing data in relation to my personal injury claim but are not party to the claim, which included itemised special damages, the particulars of claim and medical details of my injury.
I have asked my former employee how they have obtained this data and what they rely on to process the same. This is their response which I do not agree with. Im going to make a complaint to the ICO.
Dear ******
I understand from your correspondence that you wish to ascertain details with regard to an ongoing personal injury claim related to alleged hearing loss, namely:
- How ****** acquired such personal data; and
- The basis upon which ***** can process such data.
As you are aware, in respect of the documentation you have referred to in your correspondence, the particulars of claim refer to the date period 2001/02 to 2012/13, and to work undertaken by you at the factory at *******
We agree that ****** is not a party to the ongoing personal injury claim. However on the above basis ******can lawfully process such data on the following grounds:
Schedule 2 of the Data Protection Act 1998
******** can process data under the following paragraph of Schedule 2:
6(1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.
‘Legitimate interests’ cover interest in civil action.
One of the companies which ******* believes are Defendants in the ongoing personal injury claim are predecessors of ******. ****owns *****, and continues to manage the factory since your departure in 2016. It is therefore entirely legitimate for it to process the data you refer to in respect of the ongoing personal injury claim.
Schedule 3 of the Data Protection Act 1998
For the same reasons as set out above, ******* can also process data under the following paragraph of Schedule 3:
“6. The processing—
(a) is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings),
(b) is necessary for the purpose of obtaining legal advice, or
(c) is otherwise necessary for the purposes of establishing, exercising or defending legal rights.”
Finally, ******** believes that it received the documentation you refer to, under section 35 of the Data Protection Act 1998. Such disclosure to ******* was by legal advisers for one of the defendants to the current personal injury claim, who were permitted to do so by the Data Protection Act 1998 under section 35(2), namely:
(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.
Kind Regards,
I have a current ongoing personal injury claim against 3 former employees. In May of this year I made a DSAR to an employee who I left in June 2016. I was shocked to discover they were processing data in relation to my personal injury claim but are not party to the claim, which included itemised special damages, the particulars of claim and medical details of my injury.
I have asked my former employee how they have obtained this data and what they rely on to process the same. This is their response which I do not agree with. Im going to make a complaint to the ICO.
Dear ******
I understand from your correspondence that you wish to ascertain details with regard to an ongoing personal injury claim related to alleged hearing loss, namely:
- How ****** acquired such personal data; and
- The basis upon which ***** can process such data.
As you are aware, in respect of the documentation you have referred to in your correspondence, the particulars of claim refer to the date period 2001/02 to 2012/13, and to work undertaken by you at the factory at *******
We agree that ****** is not a party to the ongoing personal injury claim. However on the above basis ******can lawfully process such data on the following grounds:
Schedule 2 of the Data Protection Act 1998
******** can process data under the following paragraph of Schedule 2:
6(1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.
‘Legitimate interests’ cover interest in civil action.
One of the companies which ******* believes are Defendants in the ongoing personal injury claim are predecessors of ******. ****owns *****, and continues to manage the factory since your departure in 2016. It is therefore entirely legitimate for it to process the data you refer to in respect of the ongoing personal injury claim.
Schedule 3 of the Data Protection Act 1998
For the same reasons as set out above, ******* can also process data under the following paragraph of Schedule 3:
“6. The processing—
(a) is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings),
(b) is necessary for the purpose of obtaining legal advice, or
(c) is otherwise necessary for the purposes of establishing, exercising or defending legal rights.”
Finally, ******** believes that it received the documentation you refer to, under section 35 of the Data Protection Act 1998. Such disclosure to ******* was by legal advisers for one of the defendants to the current personal injury claim, who were permitted to do so by the Data Protection Act 1998 under section 35(2), namely:
(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.
Kind Regards,
