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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10239
Experience:  I have been practising for 30 years.
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I am a member of a group who run a holiday every year with a

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I am a member of a group who run a holiday every year for people with a certain disability the society for people with this disability refuse to give us contact details for the branches which are all over the country we need this informatio9n to let everyone know what we do but head office only say they cannot give us the details because of the data protection act
information would only be held by one person
latest development the application form has been pulled to bits by someone who says the questions are to intrusive no one has ever objected to us and as they have health problems are happy for us to have the information as we have at least 1 nurse on duty 24/7
and as for keeping the data secure I am the only one of the organisers who sees the forms ands during the week we are at the hotel the forms are kept where the nurse sits in a locked metal box the nurse has 1 key I have the other
your opinion on these matters would0 be appreciated

Unfortunately, regardless of the reason that you want this information regardless of the fact that the organisation exists to help people with the same disability, they are not under a duty to give you the addresses of the other branches.

However whilst that is the case, legally, this is most unlikely to be a breach of the Data Protection Act if all they are doing is giving organisation names and addresses and there is no common law duty of confidentiality. It would be different if they were secret organisations or you are asking for details of members but as you are not, there is no legal problem which I am aware of to stop them giving you those addresses.

Unfortunately, if they steadfastly refuse, not even a court application could make them give you the details. Sorry

With regard to the application, you are free to ask whatever questions you like and if anyone who is applying doesn’t like the questions, they are free not to attend one of the trips.

If you are not registered with the Information Commissioner as a Data Controller under the Data Protection Act, then you need to be. It is only about £35 per year and might seem rather academic but it does stop people reporting the breach if they decide to be a do-gooder on a bit of a mission.

Can I clarify anything for you?

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Best wishes.


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