To Disclose or Not to Disclose A Follow-up

In the August/September edition of Computers & Law, Amanda Kearsley and Nick Rudgard explored the difficulties of reconciling the principles of disclosure under the Civil Procedure Rules (CPR) and the disclosure of personal data under the Data Protection Act 1998 (DPA) arising from the case of Totalise plc v The Motley Fool Limited and Interactive Investor Limited (2001) P&T 764. In December 2001, the Court of Appeal overturned the costs order made at the original hearing and set out the principles for the future. The new approach will have a significant impact on the position of organisations, such as Web site operators, from whom disclosures of information may be sought. This article reviews that approach.

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