eprivateclient

Beneficiaries and data protection: One step forwards, two steps back?

James Granby, senior associate, Harneys, 28/07/2020

In the matter of Dawson-Damer v Taylor Wessing [2017] EWCA Civ 4 (11 March 2020), the Court of Appeal considered whether solicitors acting for the trustee of an offshore trust were obliged to disclose documents to a beneficiary pursuant to a subject-access request (SAR) made by the beneficiary under section 7 of the Data Protection Act 1998 (DPA 1998). The decision elucidates some of the subtler interactions between data protection law, trusts law and the law of privilege, while raising questions about the future viability of similar SARs following recent changes in the relevant ...


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