Can I suggest a way to avoid telling the data subject that information has
been passed to the police:
The definition of recipient in the DPA (see sec 70) excludes "any person to
whom disclosure is or may be made as a result of, or with a view to, a
particular enquiry by or on behalf of that person in the exercise of any
power conferred by law."
While the definition is capable of a range of interpretations, it could
suggest that disclosures to third parties (and law enforcement authorities)
who have a legal right to seek information in the context of a particular
enquiry are disclosures that are not disclosable to a data subject !!
Regards to all
Martin Hoskins
One 2 One
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: 29 January 2002 20:25
To: [log in to unmask]
Subject: Re: Data Subject Access Requests & Police Referrals
Merely because a s.29 exemption existed at one time does not mean it
continues to exist.
You would need to have a process in place to contact the policing
organisation who made any enquiry to determine if a s.29 exemption could
still be legitimately claimed.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Su Goulding
> Sent: 29 January 2002 14:56
> To: [log in to unmask]
> Subject: Re: Data Subject Access Requests & Police Referrals
>
>
> Very interesting article about this in the Law Society
> Gazette yesterday,
> which suggested that money-laundering suspicions raised within an
> organisation could be subject to disclosure in a SAR. Only
> once reported to
> NCIS, might there be some S.29 exemption. Concerns raised
> about possible
> tipping-off as well.
>
> The link is http://www.lawgazette.co.uk/articles/2.asp
>
> regards
> Su
> Su Goulding
> Data Protection Analyst
> tel: 020 7330 3491
> mobile: 07767 674376
> [log in to unmask]
>
>
>
>
> -----Original Message-----
> From: Clare Bond [mailto:[log in to unmask]]
> Sent: Tuesday, January 29, 2002 2:11 PM
> To: [log in to unmask]
> Subject: Data Subject Access Requests & Police Referrals
>
>
> Please can you tell me what your thoughts are on the
> following scenario.
>
> If we receive a Data Subject Access Request from an individual who we
> believe has some involvement in a Money Laundering offence
> and by releasing
> the information this might reveal a referral to the Police or
> NCIS, what
> should we do?
>
> There appears to be a conflict between the two acts (Money
> Laundering & Data
> Protection Act).
>
> I would appreciate your comments on this type of situation.
>
> Thank you,
>
> Clare
>
> Clare Bond
> Compliance Officer
> 3rd Floor, Ladymead
>
> Tel: 01483 55 2944
> Fax: 01483 55 2946
> Email: [log in to unmask]
>
>
>
> **********************************************************************
> Copyright in this message and any attachments remains with us. It is
> confidential and may be legally privileged. If this message is not
> intended for you it must not be read, copied or used by you or
> disclosed to anyone else. Please advise the sender immediately if
> you have received this message in error.
>
> Although this message and any attachments are believed to be free of
> any virus or other defect that might affect any computer system into
> which it is received and opened it is the responsibility of the
> recipient to ensure that it is virus free and no responsibility
> is accepted by Cornhill Insurance PLC for any loss or damage in any
> way arising from its use.
>
> Cornhill Insurance Plc, Registered in England number 84638,
> Registered Office 32 Cornhill, London EC3V 3LJ.
>
> Regulated by the Personal Investment Authority for life and
> pensions only.
> Member of the General Insurance Standards Council for general
> insurance
> business.
> **********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>
> =====================================================================
>
> This email is confidential and may also be privileged. If
> you are not the intended recipient please notify us
> immediately by telephoning +44 (20) 7330 3000 and requesting
> the IT Helpdesk. You should not copy it or use it for any
> purpose nor disclose its contents to any other person.
>
> Allen & Overy
> One New Change
> London
> EC4M 9QQ
>
> Tel:+44 (20) 7330 3000
> Fax: +44 (20) 7330 9999
> General Email: [log in to unmask]
> www: http://www.allenovery.com
>
> Allen & Overy is a solicitors' partnership. A list of the
> names of partners and their professional qualifications is
> open to inspection at the above office. The partners are
> either solicitors or registered foreign lawyers.
>
> IMPORTANT NOTICE:
>
> This is a legal communication not a financial communication.
> Neither this nor any other communication from this firm is
> intended to be, or should be construed as, an invitation or
> inducement (direct or indirect) to any person to engage in
> investment activity. The following information is provided in
> accordance with the Solicitors' Financial Services (Conduct
> of Business) Rules 2001. The provision of our legal services
> may relate to investments. We are not authorised by the
> Financial Services Authority, but we are regulated by the Law
> Society and we can undertake certain activities in relation
> to investments which are limited in scope and incidental to
> our legal services or which may reasonably be regarded as a
> necessary part of our legal services. If for any reason we
> are unable to resolve a problem between us and a client, our
> client may utilise the complaints and redress scheme operated
> by the Law Society.
>
>
> =====================================================================
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
NOTICE AND DISCLAIMER:
This email (including attachments) is confidential. If you have received
this email in error please notify the sender immediately and delete this
email from your system without copying or disseminating it or placing any
reliance upon its contents. We cannot accept liability for any breaches of
confidence arising through use of email. Any opinions expressed in this
email (including attachments) are those of the author and do not necessarily
reflect our opinions. We will not accept responsibility for any commitments
made by our employees outside the scope of our business. We do not warrant
the accuracy or completeness of such information.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|