Hi, I am trying to gather evidence for our companies loss adjusters to defend a claim made by an ex employee. Amongst other things the loss adjusters want to see wages paid (individual was weekly paid) before and after the incident to highlight no loss of earnings. I have submitted this request to HR who have come back and said we can't have it due to data protection and I would need the signature of the claimant to release the information. I have countered with section 35 of the data protection act and the exemption of information for the use in prospective legal proceedings. I just wondered if anyone else has come across this issue? Is use of section 35 correct in this scenario? I have requested our document controller respond and not general HR but would be good to get advice from anyone else who has been down this road. Thanks, Paul

Paul AS JohnC has stated - I'd agree that you are correct. However, I think that the crux will be how this request has been submitted. Normally, the solicitors' covering letter will be worded in such a way to show that they are representing the ex-employee and already have relevant permissions (I can't remember how this is actually phrased, but it's a standard comment) To get around the usual difficult HR stance just get them to send the personal information direct to the solicitor and therefore no data protection breach. Cheers Pete

I agree with others Section 35 is your ammunition. On another slant what does you companies Data Protection Policy and/or Contract Clauses state? We have the following as a Data Protection Statement which we ask each and every employee to sign on their first day of employment which gives us the employees express permission for us to share their personal data with our insurers in the event of an accident: "In accordance with the Data Protection Act 1998, I hereby give the Company permission to hold and use my personal information for the purposes of conducting their business. Any information provided will be held securely and will only be accessible to persons within the organisation whose access is essential to the business function. Where deemed essential to the business function or where required by law, we may share your personal information with 3rd party organisations such as insurance companies, emergency services personnel, health surveillance organisations, training providers and government departments. On the cessation of my employment I hereby give the Company permission to continue to hold and process any personal information essential to the business function or as is required by law. I am aware that I have the right to request access to any personal information, and the right to request changes to inaccurate data, that the company holds on me at any point in time and that the company reserves the right to charge a fee for this as outlined within the Data Protection Act 1998."