Case study 12: Access requests to solicitors for copies of files. [2011] IEDPC 12 (2011)

Case study 12: Access requests to solicitors for copies of files. [2011] IEDPC 12 (2011)

Solicitors cannot rely on common law lien or Section 5(1)(g) privilege exemption to refuse access to personal data of former clients unless the data falls within a valid statutory exemption; personal data relating to the requester must be released.

Citation
[2011] IEDPC 12
Parties
Applicant: Former Clients; Respondent: Solicitors
Jurisdiction
Ireland
Procedural Posture
Complaint / Resolution
Outcome
Complaints resolved to satisfaction of both parties based on guidance issued.
Legal Topics
Access Requests, Solicitor's Lien, Personal Data, Privilege
Data Protection Common Law Access Requests Solicitor's Lien Personal Data Privilege

Case Brief

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Parties

Former Clients

Applicant

Solicitors

Respondent

Procedural Posture

Complaint / Resolution

Legal Issues

  1. 1 Whether solicitors can refuse access to personal data based on common law lien
  2. 2 Applicability of Section 5(1)(g) Data Protection Acts privilege exemption

Ratio Decidendi

Solicitors cannot rely on common law lien or Section 5(1)(g) privilege exemption to refuse access to personal data of former clients unless the data falls within a valid statutory exemption; personal data relating to the requester must be released.

Court Disposition

Complaints resolved to satisfaction of both parties based on guidance issued.

Orders

  • Solicitors must release personal data of former clients unless a valid statutory exemption applies.