Section 35 of the DPA 1998 Act

[axtelle]

Group,

I’m seeking help / advice on section 35 of the DPA 1998 Act:

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.

Could someone please advise if sub-section 1 above could be applied as follows ?

If a creditor does not respond or fully respond to an information request made under section 77-79 of the CCA 1974 Act then a SAR could be made for the withheld information and if they continue to withhold the information then a court order could be sought to enforce the SAR which the creditor must comply with or else confirm they do not have the information ?

I hope this makes sense – any help / guidance would be appreciated.

Many thanks.

[Debt Camel]

Re: Section 35 of the DPA 1998 Act

What have you asked for? What have they sent you? Why do you think there is something that they haven't sent?

[nemesis45]

Re: Section 35 of the DPA 1998 Act

Group,

I’m seeking help / advice on section 35 of the DPA 1998 Act:

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.

Could someone please advise if sub-section 1 above could be applied as follows ?

If a creditor does not respond or fully respond to an information request made under section 77-79 of the CCA 1974 Act then a SAR could be made for the withheld information and if they continue to withhold the information then a court order could be sought to enforce the SAR which the creditor must comply with or else confirm they do not have the information ?

I hope this makes sense – any help / guidance would be appreciated.

Many thanks.

Hi welcome to LB.

It seems that you are referring to agreements/ contracts.
Is it 3rd party data being withheld?

nem