1 Feb 2002, 09:00

A woman applied to a Legal Services Committee for a revision of all legal costs in respect of her legal aid claim. After reviewing the costs, the Committee sent its decision to a firm of solicitors and a barrister who were acting for her, as well as to the woman herself. The woman complained that the disclosure to the lawyers had caused an interference with her privacy.

I considered the complaint in terms of information privacy principle 11 and concluded that as the disclosure fell within an exception to the principle, there was no interference with her privacy.

Principle 11 places a general limit on the disclosure of personal information by an agency. There are a number of exceptions.

The Committee acknowledged that copies of the decision had been sent to the solicitor and to the barrister but argued that this disclosure fell within the exception provided in principle 11(a): an agency may disclose personal information if it believes, on reasonable grounds, that the disclosure is one of the purposes in connection with which the information was obtained or is directly related to that purpose.

In support of its submission, the Committee outlined its procedures. Applications for civil legal aid are made through a solicitor, who assists the Committee by completing certain sections of the application form. These outline the financial status of the applicant, provide an estimate of the legal costs and give an opinion on the chance of success. If legal aid is granted, the solicitor then provides legal services to the applicant, either personally or through a barrister.

The solicitor or barrister is required to provide regular progress reports to the Committee and to submit interim invoices. All claims for payment by the solicitor or barrister must be justified. The Legal Services Act requires the Committee to notify the legally-aided person of any claims for payment which are allowed. The Committee said it was its usual and regular practice for correspondence to be sent by the Committee to the applicant and the applicant's legal advisers.

The purpose of the disclosure complained about was to ensure that the solicitor and counsel were informed of the status of the woman's legal aid grant and, in particular, about her application for the revision of costs. Any revision of costs would have directly affected both the solicitor and the barrister in their provision of services to the woman. In my view, the disclosure was for a purpose in connection with which the information was obtained.

The woman claimed that the disclosure had affected her continuing dealings with the barrister and that this amounted to harm. I was not able to substantiate this allegation since she was not willing to allow my investigating staff to contact the barrister.

I formed a provisional opinion that the actions of the Committee in disclosing the information were not in breach of principle 11 as they fell within the exception provided by principle 11(a). I informed the woman of my view and invited further comment from her. I did not receive a response and so notified her of my final opinion and closed my file.

Indexing terms: Disclosure of personal information - Legal Services Committee - Application to review costs - Disclosure of Committee's decision to instructing solicitor and counsel - Disclosure for purpose in connection with which information is obtained - Information privacy principle 11(a)

June 2002