… I would certainly have done so.
I was reading about a data subject access request (DSAR) case that reached the High Court – very rare as very expensive.
It was about revealing the 3rd parties that had received the data, but it wasn’t this aspect that interested me.
What I wondered was whether the claimant’s solicitor warned him of the wider implications of pursuing this case to court.
The claimant had made threats to the defendant and his family, in phone calls that had been recorded by the defendant. The defendant shared the recordings with family members and his employers – he was concerned about the threats and wanted to warn them.
The defendant refused to disclose the 3rd parties he had shared the recordings with, and the case found its way to the High Court, which decided the defendant had the right to withhold the names as he was concerned about their safety should the claimant become aware of their identity. The “rights of others exemption applied.
As a look at the requirements when responding to a DSAR, it sets out when the exemption can be applied, but at what expense to the claimant.
Pursuing a claim in law is what solicitors do, but its not just a case of looking at the rules and pursuing the case.
There are many practical considerations, one being how will it affect the client.
If I had been approached by the claimant, the first thing I would have said would have been – think very carefully before pursuing this, the content of the calls will be made public.
How will this affect your name and reputation?
I’m hoping the solicitors explained this, as instead of 15 people being aware of the claimant’s behaviour, there are now thousands, if not more, of people who know what was said.
The claimant brought the case as he said his business had been damaged by the sharing of the recordings, but I would say his business is in a lot more trouble now!
Knowing what the law says is only one part of being a solicitor.
Another is knowing how to apply the law to the client’s situation – and making sure they’re fully aware of what they’re getting into.
Sometimes you do need to let sleeping dogs lie.
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