12 May 2017
Dawson-Damer and others v Taylor Wessing LLP (Information Commissioner intervening) [2017] EWCA Civ 74, [2017] All ER (D) 208 (Feb)
The Court of Appeal, in ordering compliance with the claimants’ subject access requests, held that the legal professional privilege exception to requests in para 10 of Sch 7 to the Data Protection Act 1998 applied only to documents which carried privilege for the purposes of English law. The defendant solicitors’ firm had not shown that compliance would involve disproportionate effort and the judge had been wrong to decline to enforce the request because the claimants intended to use the information in Bahamian proceedings.
