I recall a speaker at the JISC Conference "Access and Security" talking
about this issue. I think he said that the Police should accompany their
request with some "official paperwork" stating the reason for their
request. I think it was Jonathan Bamford, Assistant Data Protection
Commissioner, who made these remarks.
On Fri, 10 Mar 2000, Charles Christacopoulos wrote:
> From: Charles Christacopoulos <[log in to unmask]>
> To: [log in to unmask]
> Date: Fri, 10 Mar 2000 15:54:44 GMT
> Subject: RE: Requests for Data by Police
>
> ** 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
> >
> > Also, if you work for a local authority, you also need to be aware of
> > Section 115 of the Crime and Disorder Act 1998 which allows the Police and
> > local authorities to share information. See
> > http://www.hmso.gov.uk/acts/acts1998/80037--s.htm#115
> > <http://www.hmso.gov.uk/acts/acts1998/80037--s.htm#115>
> >
> > Much depends on the information being requested and whether they are asking
> > for info on internet usage etc, email access ..... that's a different ball
> > game
> >
> > I hope this helps.
>
> Most often they ask for addresses esp. for staff or students who have left?
> I have yet to meet any policemen who will say why they are looking for info.
>
> Officialdom says they must appear to be very "police like", like on the tely
> :-)
>
> Although Universities are not under local authority control I am not sure to
> what extent we could avoid disclosing addresses. I guess we may need more
> proof if they ask for access to other information.
>
> Any comments?
> Charles
>
> ==============================================
> Charles Christacopoulos, Secretary's Office, University of Dundee,
> Dundee DD1 4HN, (Scotland) United Kingdom.
> Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
> http://somis.ais.dundee.ac.uk/
> Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
>
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