Navigating trust law restrictions - filing a data subject access request under data protection legislation

The English Court of Appeal's decision in Dawson-Damer v Taylor Wessing LLP [2017] EWCA Civ 74 suggests that beneficiaries seeking trust information may be able to circumvent trust law restrictions on disclosure by filing a data subject access request (a DSAR) under the English Data Protection Act 1998 (the DPA), which provides data subjects a right of access to information processed by a data controller relating to them.

What is the position under Jersey trust law where disclosure is restricted? Does this loophole provide beneficiaries with a viable route for seeking trust information?

Unlike in the UK, the data protection laws in Jersey and Guernsey include specific DSAR exemptions mirroring applicable trust law provisions restricting disclosure. Therefore, Jersey and Guernsey trustees should be in a stronger position to defend DSARs from beneficiaries than their counterparts in England and, whilst certain information falling outside trust law restrictions may need to be disclosed, this DSAR loophole does not arise. However, trustees should exercise caution where information is passed to parties who may not be able to rely on the Jersey or Guernsey law exemptions.

We will release an update in the future if this position changes following the consultation of Jersey and Guernsey data protection laws that is currently underway – watch this space!