dpa

[jaycee401]

I recently posed a question regarding section 55 1 a of the Data Protection Act., whereby an ex member of a high st bank has submitted a witness statement giving out my personal banking details. The Information Commissioners Office have confirmed this act has been breached and the personal involved has committed a criminal offence. I reported this to the police and they have now interviewed this person. This person is now saying that she is allowed to give this information in accordance with the data protection act section 35 which allows data to be admissable in a court of law. Can anybody clarify if this is true. I have a letter from the bank saying that she was not given their permission to divulge this information. I thought if someone wanted to use personal data in a court they needed to get the courts permission.. id appreciate any advice thanks

[Buenchico]

Without knowing the precise details of the court case, and the circumstances which led to disclosure, it's impossible to give a definitive answer.

However, if the disclosure was necessary 'for the purpose of, or in connection with, any legal proceedings' or 'for the purposes of establishing, exercising or defending legal rights', then it was lawful:
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=data+protection+act& searchEnacted=0&extentMatchOnly=0&confersPower =0&blanketAmendment=0&sortAlpha=0&TYPE=QS&Page Number=1&NavFrom=0&parentActiveTextDocId=31906 10&ActiveTextDocId=3190654&filesize=1236
(The permission of the court is not necessary because the provisions of Section 35 provide an absolute defence).

Chris

[jaycee401]

thanks Chris, should section 35 be the data controller giving the information or for the data prossessor

[jaycee401]

Just to try and give you a bit of background, its a land re tribunal where i am the respondant, the applicant - my ex partner is trying to obtain a beneficial interest in the property, although everything was settled when the transfer completed, but he decided that after 10 months he wanted some more money , this person has now given a witness statement for the applicant, it has no relevance to my ex having an interest, she is just basically saying, that in her capacity as a bank official she knew what my salary was and that I would not of been able to obtain a mortgage to purchase as my salary but no be enough (I did obtain a mortgage) and that I applied for bank loans and told lies on the application forms - a total lie, all her statement does is basically make me look a bad character.
I thought the DPA was to protect us. I can understand if a solicitor or court had asked her for the information, but she gave it freely and with no authorisation. It makes me think that anyone can now give anbodies personal information out.

[Buenchico]

Thanks for the reply.

My understanding of the law is that anyone may disclose personal data if it's necessary 'for the purpose of, or in connection with, any legal proceedings' or 'for the purposes of establishing, exercising or defending legal rights'. If a junior clerk (or even the office cleaner, who happened to see you file lying on a desk) disclosed your personal details (for one of those purposes) it might well be an internal disciplinary matter but it would not be a criminal offence because the provisions of Section 35 would still apply.

Chris

[jaycee401]

thanks chris i spoke with a legal advisor earlier who said that to plead under section 35 would only be allowed if she had been given the permission of the bank.