Should company disclose email content on DSAR request

[sxam]

Not sure if this is the correct place to post, please move if not.

I recently sent a DSAR request to one of the expert witnesses who briefly got involved with my rather complex case. He was approached by my solicitor who no longer represents me. I wanted to see what communication they have had about me.

The company has sent me DSAR details with just the date and time them and my solicitor had the communication (mostly via email) and is refusing to disclose the content saying ICO website states: “The right of access enables individuals to obtain their personal data rather than giving them the right to see copies of documents containing their personal data “.

My question is - should they disclose everything including email content or they can get away with just the date and time of the communication they have had?

Thanks in advance.

[BankFodder]

In principle I would have thought that they had a duty to disclose to you.

The quote that you have posted from the ICO website is a bit unclear – to a certain extent although I suppose it means that you don't have to have the actual documents as long as the contents of it are disclosed.
In other words they can tell you what the email contains referring to you – but not the actual email. – A very thin line I would say.

What about telling us the story and of importance, which company is it that is trying to withhold this information from you

You should also send an SAR to your solicitor.

I would also make a complaint to the ICO about it and they may return a view that the DPA has probably been breached – and that would be helpful to you.

 

[sxam]

It's a rather very complex case that started around 2018/2019 ( so I will keep it short) where the company I work for has been sued by the liquidator. The claim is for just over a couple of millions. The solicitors we had is one of the biggest law firms in London. I will not mention the name here.

We had the option to get an expert opinion on the case with court permission however our solicitor approached a QC and an expert witness (without discussing fees with us) without obtaining court permission. QC and Expert Withness billed us (via Solicitor) in the region of £50k for their advice. The solicitor will not disclose those advice and expert reports to us until the company pays them. Then we were embroiled in a rather ugly argument and the solicitor pulled out of the case reasoning non-payment fees. Now company/boss is self-litigating as the boss has no money to find another solicitor and already spent over £500k just on different fees.

I am trying to help where I can. So we sent DSAR to QC, the expert witness, and the solicitor. The solicitor asked for more time, QC and WI both sent DSAR but none of them disclosed the content in the email between them and the solicitor. I also asked for copies of the invoice and the description of the invoice it relates to. They both said they were instructed by my solicitor and I have to request this from my solicitor. I  have a feeling they all three spoke to each other since our DSAR and are now finding a way to hide exactly what went on between them. I think they saw the company and boss as a cash cow. I recently found out that the biggest lack of negligence from the solicitor is they didn't even respond to the PAP sent by the liquidator. The case's final hearing is towards the beginning of next year.

Edited September 25, 2023 by sxam

[BankFodder]

Yes it is complicated by understand that you are trying to help somebody else in this is not directly for you.

What's not entirely clear is exactly what information are you trying to obtain?

[sxam]

I am now heavily involved in the case and I worked with the company for over 22 years, I take this case very personally.

Reason for DSAR is we are building a case against the solicitor and we wanted to see what sort of communication they have had and how the solicitor explained our case to them. 

We are planning to sue the solicitor for their negligence and for wrongly making a part 20 claim against our Accountant. They made the judgment that the collapse of the company was due to the accounting firm that did the restructuring plan a few months before the company collapsed.

[BankFodder]

So has the solicitor been paid? I would have thought that you would be entitled to the entire file including all correspondence.

[whitelist]

Would the information requested in a DSAR not be specific to the named individual making the request?

Communications between solicitors and clients are privileged with third parties