Subject Access Requests and Legal Practices

[garlok]

Hello All,

I have a question I am hoping can be answered simply. It concerns the use of the Subject Access Request. A client of a legal practice is I would have thought is a "consumer" of a service shall we say. Is that "client/consumer" able to use the SAR route to obtain documents and papers appertaining to their business from the legal practice. I can find no definitive answer to this in the legislation unless I am missing something. I cannot find any specific exemption which would apply.

I am supposing that all the fees that have been requested/invoiced have been paid in full up to the moment of the request.

If the answer is yes then, further, would it be better to use the advanced request suitably modifed or stick to the basic?

regards
Garlok

[Never-In-Doubt]

Re: Subject Access Requests and Legal Practices

Hello All,

I have a question I am hoping can be answered simply. It concerns the use of the Subject Access Request. A client of a legal practice is I would have thought is a "consumer" of a service shall we say. Is that "client/consumer" able to use the SAR route to obtain documents and papers appertaining to their business from the legal practice. I can find no definitive answer to this in the legislation unless I am missing something. I cannot find any specific exemption which would apply.

I am supposing that all the fees that have been requested/invoiced have been paid in full up to the moment of the request.

If the answer is yes then, further, would it be better to use the advanced request suitably modifed or stick to the basic?

regards
Garlok

A SAR is Data Protection as you know, so it doesn't matter what the firm is - if they retain your data then you can SAR them for the maximum fee of £10.

Ergo you can send in the advanced SAR and edit it to suit, but the principle and legislation that is within it, remain the same.

[garlok]

Re: Subject Access Requests and Legal Practices

Thanks very much mate. As you know I may have to use it in anger shall we say. I have come across yet another case where the client of the firm we have used has been asked £4500 to release apers when all of his fees were paid up to date as well. I would want to nip this in the bud immediately at day one if forced to.

regards
Garlok

[Never-In-Doubt]

Re: Subject Access Requests and Legal Practices

Thanks very much mate. As you know I may have to use it in anger shall we say. I have come across yet another case where the client of the firm we have used has been asked £4500 to release apers when all of his fees were paid up to date as well. I would want to nip this in the bud immediately at day one if forced to.

regards
Garlok

Now then mate, some situations could be exempt from SAR (ie s.7 DPA 1998) - these are as follows:

---> Exemptions

Main Details ---> Data Protection Act 1998

[garlok]

Re: Subject Access Requests and Legal Practices

That is a brilliant link mate. I have just speed read through it. The detail would be a longer issue. However in principle non of the exemptions would apply for our purposes as I see it. Much as I would like to, I am not bringing any criminal proceedings or taxation matters etc I am merely trying to establish our current position in regards of civil "cases" they have been paid to handle on our behalf, have agreed legal instructions in writing, and now they are trying to wriggle out of their obligations. The real purpose of course is to have the full story in place should we decide to proceed again on our own or to transfer our cases to a firm who know what they are up to. Because it has become obvious that having lost the real knowledge behind the department the remaining junior staff no longer have any clue as to what is going on anyway.

regards
Garlok