Q&As

Do I have to return original correspondence to a third party from a matter I am no longer instructed on where that person has requested access to it under the General Data Protection Regulation?

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Published on LexisPSL on 19/12/2018

The following Risk & Compliance Q&A provides comprehensive and up to date legal information covering:

  • Do I have to return original correspondence to a third party from a matter I am no longer instructed on where that person has requested access to it under the General Data Protection Regulation?

Correspondence sent by third parties to a firm in the course of a matter generally belongs to the client, and copies of that correspondence made by the firm for its own benefit or protection generally belong to the firm—see Q&A: Who owns the matter file?

However, the General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 provides that data subjects have the right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, a right of access to the personal data and certain further information—see Practice Note: Data subject rig

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