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Gone Fishing: The use of Data Protection Subject Access Requests by claimants

Claimants’ solicitors are increasingly trying to use the Subject Access Right which individuals have under the Data Protection Act 1998 as a cheap and unregulated pre-litigation alternative to court-regulated document discovery processes. bto's Data Protection Defence Team would like to share their views on this practice which can be hugely expensive and time consuming for data controllers.

Date: Thursday, 10 March 2016

Time: 12:30 - 14:00

Location: bto solicitors The Presentation Suite, 48 St Vincent Street Glasgow G2 5HS.

Speakers:

Laura Irvine, Associate and Criminal Solicitor Advocate, bto solicitors


Audience:

The Insurance Sector

Programme:

12:15 - 12:30 Registration

12:30 - 13:30 Seminar and Q & A

13.30 - 14:00 Informal buffet lunch


Fee:

This event is free of charge

Description:

Claimants’ solicitors are increasingly trying to use the Subject Access Right which individuals have under the Data Protection Act 1998 as a cheap and unregulated pre-litigation alternative to court-regulated document discovery processes.  bto's Data Protection Defence Team would like to share their views on this practice which can be hugely expensive and time consuming for data controllers. In our opinion, this is not what the DPA was intended for and these requests should be robustly resisted.  There are several cases where courts have frowned upon misuse of the DPA and the limitations on Subject Access Requests are becoming clearer, but there have been circumstances where the SAR approach was permissible. Our team can steer you and your insured through the case law and advise on the appropriate strategies for dealing with these requests.   

“The level of service has always been excellent, with properly experienced solicitors dealing with appropriate cases" Legal 500

Contact BTO

Glasgow

  • 48 St. Vincent Street
  • Glasgow
  • G2 5HS
  • T:+44 (0)141 221 8012
  • F:+44 (0)141 221 7803

Edinburgh

  • One Edinburgh Quay
  • Edinburgh
  • EH3 9QG
  • T:+44 (0)131 222 2939
  • F:+44 (0)131 222 2949

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