Apologies for not being on line much recently. The correct channels for an
enquiry of this type to be made is through INTERPOL and you should advise
the enquirers to make any approach for information via that organisation.
DPA compliance can then be more assurred and 'fishing trips' stopped.
Sorry if this comment is too late.
Ian
----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Cc: <[log in to unmask]>
Sent: Friday, September 22, 2000 3:14 PM
Subject: Re: African Economics graduates
> In a message dated 22/09/2000 12:37:46 GMT Daylight Time,
> [log in to unmask] writes:
>
> << Have any of you been asked by the South African High Commission in
> London for the names of all African Economics graduates between 1980
> and 1990? Apparently they are investigating a fraud case where the
> suspect is using multiple identities.
>
> By not doing so we would be inhibiting the progress of a criminal
> investigation, and we do wish to cooperate as far as DPA legislation
> permits. We would definitely confirm such details about a named
> individual (since graduation is a public event), but we have
> reservations about providing a list of Economics graduates just to
> facilitate a 'fishing expedition'.
>
> I am minded to ask them to provide the specific names they wish to
> investigate, and then we can confirm whether the person holds a degree
> from us, rather than just provide a list of *everybody* graduating in
> Economics over a 10-year period.
>
> Any advice? >>
>
> -------------------------------
>
> Disclosures for the purposes of crime detection are allowed under section
> 29(3) of the DPA only where the data controller (i.e. the university in
this
> case) is convinced that failure to disclose would prejudice the purpose
(i.e
> the detection of the crime where that detection is undertaken by a
recognised
> authority - please check whether the SA High Commission have
jurisdiction).
>
> This exemption can only be used on a case-by-case basis - in other words
they
> would have to provide an exemption certificate for each of the persons of
> whom they require details - and not for "fishing trips".
>
> Transfer overseas (assuming the SA High Comission is not UK territory) of
> this information would require the individuals' informed consent except
where
> an international agreement existed for crime purposes (but even then it
would
> be our police making the transfer, not a university).
>
> According to the law of this country, alleged offences over 6 years old
would
> generally be outside the limitations period for bringing action anyway.
If
> you do still have the details going back 10 years have you already kept
them
> for longer than necessary in breach of DPA??
>
> These are just a few things to consider before you refuse to give the
details
> unless a UK court order is produced.
>
> Ian Buckland
> MD
> Keep IT Legal Ltd
>
> Please Note: The information contained in this document does not replace
or
> negate the need for proper legal advice and/or representation. It is
> essential that you do not rely upon any advice given without contacting
your
> solicitor. If you need further explanation of any points raised please
> contact Keep I.T. Legal Ltd at the address below:
>
> 55 Curbar Curve
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