Q&As
If a law firm receives a data subject access request (DSAR) from a third party on a client matter, is there any legal restriction preventing the law firm disclosing the existence of the DSAR to the client under 6.4 of the SRA Code of Conduct for Solicitors?
It is important to distinguish between requirements in the SRA Standards and Regulations and your obligations under data protection law.
SRA Standards and Regulations
Fundamentally you must act in a way that upholds public trust and confidence in the solicitors’ profession, with integrity and in the best interests of each client.
You are required to make clients aware of all information material to their matter of which you have knowledge, unless one of four exceptions applies. See Practice Note: Duties of confidentiality and disclosure.
If the exceptions do not apply, and the data subject access request (DSAR) is material to the matter, the Codes of Conduct require you to disclose its existence to the client.
Where the SRA regulatory
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