GDPR and Legal Privilege

There is a general fear that GDPR enforced access requests could force disclosure of sensitive information in legal disputes. Could access requests become a ‘backdoor’ for litigants to source sensitive information to strength a case against you?

In theory, yes is the answer, however if you employ the services of a solicitor or legal firm when a contentious access request for disclosure is made, you can avail of legal professional privilege, which is a combination of legal advice privilege and litigation privilege. If you suspect that the access request for personal data is for litigation purposes, you should contact your solicitor immediately, otherwise under GDPR which is to be enforced in May 2018 throughout Europe, you will have 30 days to respond to the request, or face significant fines.

For further advice on the implications of GDPR on business in the South East call HD Keane today on  051 874856 or e-mail [email protected]