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 to an information request made under section 77-79 of the CCA 1974 Act then a SAR could be made for the 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.