An individual entrepreneur (IE) is obliged to respond to a lawyer’s request if the requested information pertains to their business activities and does not contain personal data or commercial secrets. This was emphasized by the Khmelnytskyi Court of Appeal while considering case No. 676/4602/24 and granting the lawyer’s appeal against the decision of the first-instance court.
Case Background
The lawyer, representing a client in a case for compensation of damages due to a road accident, sent a lawyer’s request to the IE. In it, he asked to confirm whether the respondent was an employee of the appraisal organization, whether he had entered into a contract for inspecting the client’s car, and whether he personally prepared the corresponding report.
The IE did not respond to the request, so the lawyer turned to the Kamianets-Podilskyi District Court with a claim to recognize his inaction as unlawful and to compel him to respond. The first-instance court dismissed the claim, stating that an individual has the right not to respond without consent.
What Did the Court of Appeal Say?
The appellate instance sided with the lawyer:
- The lawyer acted within his legal powers — he had a contract for legal assistance and an order.
- The requested information did not contain personal data and related to the IE’s business activities, therefore not classified as restricted access information.
- Thus, the entrepreneur’s refusal was unjustified, and the obligation to respond was entirely legitimate.
At the same time, the court partially denied the claim in terms of recognizing the inaction as unlawful, explaining that the chosen method of protection was ineffective and would not lead to the actual restoration of rights.
Conclusion
The decision of the appellate court once again confirmed: an IE as a business entity is obliged to provide information in response to a lawyer’s request if it does not violate the requirements for protecting personal data or commercial secrets.
Source: “Law and Business”