At 15:54 10/03/00 +0000, Charles Christacopoulos wrote:
>** Reply to note from "Walshe, Pat" <[log in to unmask]> Fri, 10 Mar
>2000 14:20:50 -0000
>
>
> > Liz,
> >
> > I sent this to Edwina . you may be interested:
> >
> > The Police and other authorised agencies should make a request under the
> > Section 29(3) of the DPA 1998. You are not obliged to disclose any data
> > unless you have reasonable grounds for believing that any failure to do so
> > would be likely to prejudice the purposes for which the data was requested
> > (I.e. the prevention or detection of Crime or the Apprehension and
> > Prosecution of offenders etc). The Commissioner has stated in her
> > Introduction to the DPA 98 that "there would have to be a substantial
> chance
> > rather than a mere risk that in a particular case the purposes would be
> > noticeably damaged".
> >
> > What you need to obtain from the police are details of:
> >
> > 1: The crime being investigated
> >
> > 2: The reason for the enquiry (i.e. the appropriate DPA exemption purpose)
> >
> > 3: How the absence of any information would be likely to prejudice the
> > enquiry
There's now a standard form which I think all the police forces in England,
Scotland and Wales have adopted (called a section 29(3) form!). This should
include all the information you need. But remember that the form is only a
request for information, and a waiver of the data controller's DPA
liability *if* (s)he chooses to disclose the information.
Andrew
--------------------------------------------------------------
Andrew Cormack
Head of CERT
UKERNA, Atlas Centre, Chilton, Didcot, Oxon. OX11 0QS
Phone: 01235 822 302 E-mail: [log in to unmask]
Fax: 01235 822 398
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