Q&As

When requesting a third party’s name or address for litigation purposes in a personal injury matter, I used to do this in accordance with section 35 of the Data Protection Act 1998, however, as the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) has come into force since May 2018, what is the equivalent for section 35 within the GDPR?

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Published on LexisPSL on 20/06/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • When requesting a third party’s name or address for litigation purposes in a personal injury matter, I used to do this in accordance with section 35 of the Data Protection Act 1998, however, as the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) has come into force since May 2018, what is the equivalent for section 35 within the GDPR?

The Data Protection Act 1998 (DPA 1998) has been repealed with the exception of some sections which amend other enactments. As noted, DPA 1998, s 35 stated:

‘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 ne

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