Court orders vs data protection

[legalrights]

Does a court order come with the same weight or more weight than a data protection request would?

 

Which means it would be pointless applying for a data protection order if you have a court order in place. ?

[honeybee13]

Hello there.

 

Are you saying you already have a court order in place please?

 

HB

[legalrights]

IM not saying i have anything in place , just looking for the answer to the question really

[sequenci]

I guess it all depends on what it is that you're looking to achieve.

 

A SAR *could* be useful regardless of whether there is a court order in place or not.

[becky2585]

A court order is more likely to get you what you want, and more likely to be legally enforceable...

[Emmzzi]

but it depends what you are looking for.... neither may get you what you want.. both may be futile...

[mariefab]

In terms of consequences for failure to comply a court order would often have more weight.

 

If you're talking about disclosure of documents;

A data protection request could cost you £10, you may have to wait up to 40 days, if the recipient doesn't comply you can complain to the ICO and after some time they may be given a telling off but you could still be without the information you seek.

A court ordered disclosure shouldn't cost any extra, the recipient will be given a date by which they should comply, in the event of failure the court has the power to apply penalties including striking out the claim/response.