Personal data is sensitive information that identifies an individual. Solicitor’s data, being highly confidential, cannot be demanded by defendants. In addition, the UK General Data Protection Regulation (GDPR) and Data Protection Act 2018 govern the protection of personal data and how it is used. During a civil case, a defendant can request information from their legal representatives however, there is often confusion about what a defendant can legally obtain. The focus of this article is on the data that may be requested.
Ultimately, solicitors are bound by strict confidentiality rules from the Solicitors Regulatory Authority (SRA) and are restricted from disclosing personal data to anyone. Under Article 15 of the GDPR, a defendant has the right to request personal data about themselves. This encompasses notes from their case files, correspondence about themselves and evidence relating to their case. To achieve this, individuals can submit a subject access request (SAR), which compels a solicitor to reply within one month, provided no exemptions apply.
This right does not extend to information about anyone else. A defendant cannot use SAR to obtain data which identifies a solicitor personally such as a home address, personal contact details, employment history or private emails. This information is protected by a solicitor’s own data rights and strict professional standards set by the SRA.
Furthermore, solicitors are bound by legal professional privilege which means they must protect certain categories of information even from their own clients. While they can share material that a client is entitled to see, they can withhold administrative documents and communications that contains personal data about the other party or a solicitor.
In principle, the law sets a clear boundary: defendants may access information that is necessary to understand and manage their case but cannot demand access to a solicitor’s private life. This distinction protects both the integrity of legal proceedings and the personal security of legal professionals.
For defendants who need advice on what data they can request, the best approach is to concentrate on information directly related to their case and their own personal data. Any request for a solicitor’s personal information must and will be legally refused.
Nath Solicitors are a boutique law firm with over 30 years’ legal experience and provide expert advice on determining what personal data an individual can request. If you need assistance, please contact us on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.