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ARTICLE · 24 MAY 2023

Personal Data In Litigation: Assessing The Data Protection Act's 'Legal Proceedings' Exemption

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During disclosure in litigation proceedings in England and Wales, any individuals' personal data within documents requires close attention by those managing and undertaking the disclosure process.

United KingdomPrivacy
Helen Davenport
Helen Davenport
Louise Macdonald
Louise Macdonald
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During disclosure in litigation proceedings in England and Wales, any individuals' personal data within documents requires close attention by those managing and undertaking the disclosure process. In addition to ensuring all relevant material is disclosed according to court rules, parties to litigation are required to comply with the UK data protection regime, designed to safeguard data relating to individuals.

Under the UK data protection regime, there is an exemption from particular UK GDPR provisions in relation to information required to be disclosed in connection with 'legal proceedings' (and 'prospective legal proceedings'). The extent of this legal proceedings exemption under the Data Protection Act 2018 (DPA 2018) was considered for the first time in a recent Scottish case, Riley v The Student Housing Co (Ops) Ltd [2023]. The case turned on the construction of the wording of the exemption, and whether it is a blanket exemption, or qualified.

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