In my view a Section 29(3) request is simply a "request" - enabling the
recipient to exercise their discretion over whether they wish to comply
with the request. In that context it does not really matter what status
the requester has.
This is different from when a policeman exercises statutory powers to
require a data controller to disclose data - and in those circumstances,
the relevant legislation usually describes the minimum rank that the
policeman must have in order to exercise thee statutory powers.
So, "proper coppers" can usually exercise legal demands, while "civilian
officers" can usually only make requests.
In the telecoms world, we expect the relevant "proper copper" to make
the relevant statutory demand, and we decline to supply information
simply at the request of a "civilian officer".
Regards
Martin Hoskins
Data Protection Manager
T-Mobile (UK) Ltd
Hatfield Business Park
Hatfield, Hertfordshire AL10 9BW
+44 (0)7957 234585
+44 (0)1707 319056 fax
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Gerry Dane
Sent: 06 January 2006 15:00
To: [log in to unmask]
Subject: Section 29(3)
Have received a Section 29(3) request form.
Question: Does a civilian employee of the police have any powers of
investigation in relation to crime? ie Can they properly leverage the
exemption via this device, or does it have to be a warranted officer?
I'm intending to get the thing countersigned by a senior officer - but
once again can it be a senior civilian officer or does it have to be a
'proper copper'.
Thanks,
Gerry.
Mr.G.Dane
University of Newcastle
Email: [log in to unmask]
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