A former CILEX president who has been embroiled in a long-running row with the representative body was told the organisation breached its data protection obligations when his request to see certain emails was refused, the Gazette has learned.
Stephen Gowland, president between 2013 and 2014, severed ties with CILEX in September 2023 after a lack of communication about a judicial mentoring scheme proved to be the 'final straw' for him. Gowland and other CILEX members went on to battle the organisation over proposed changes to its charter and byelaws, and controversial plans to hand regulatory power to the Solicitors Regulation Authority.
The Gazette has now learned that, in October 2023, Gowland made a subject access request for copies of emails and attachments sent from or to former chief executive Linda Ford containing his name or information about him after 1 January 2016. CILEX refused on the grounds that the data was exempt because Gowland had requested CILEX's correspondence address for the purpose of serving papers in respect of legal proceedings.
Gowland complained to the Information Commissioner's Office, which told him in February 2024 that CILEX 'infringed its data protection obligations'.
The ICO's letter said: ‘While legal proceedings are a valid consideration, they should not automatically lead to a refusal of a [subject access request]. The Data Protection Act emphasises a delicate balance between protecting individuals' privacy rights and meeting legal requirements. We believe that it is possible to achieve this balance without outright denial of your request.’
After consulting with the ICO, CILEX again refused Gowland’s request. In a letter dated March 2024, CILEX said the requested information contained personal data and information on other people. Even if CILEX obtained their consent, CILEX said the data was subject to five exemptions: legal professional privilege; functions designed to protect the public; regulatory functions related to legal services; judicial appointments, independence and proceedings; and information required to be disclosed by law etc or in connection with legal proceedings.
Gowland told the Gazette he found out about CILEX's March 2024 decision in July this year and questioned ‘why they feel the need to move the goalposts’.
CILEX declined to comment.
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