In a message dated 04/10/2001 20:10:54 GMT Daylight Time,
[log in to unmask] writes:
<< If section 29 exemptions have to be proportionate to the matter the
exemption is being claimed for; which on the surface appears to be the case.
What models, vehicles, or decision criteria could be used to assist in
determining if a request to access any particular data for any particular
matter was proportionate? >>
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In respect of the Insurance database, the original thread, I don't think s29
is being used as the justification for disclosure.
The insurance database is not restricted, as I understand it, to one-off
access requests where the failure to disclose is likely to prejudice police
enquiries into a particular crime/criminal. It could be used for "fishing
trips" where a car is being followed, even when there would be no other
justification for stopping the driver.
I suspect that Schedule 2 part 2(a) is the only proper justification as the
majority of entries on the insurance database will be information about
legitimate insurance holders, not criminals. Therefore, following that
logic, the police would only need a straight "yes or no" in response to their
queries as to whether the driver is insured (apparently, though, the search
is via the car's registration number) rather than access to the full
certificate details.
The proportionality question still arises, but so does a question of "unfair
contract terms". If (when) the system is abused by insurance companies (or
by police officers) there will be questions as to why it was done in this way
but until then I suspect that the "wholly legitimate" database, with its
connection to the "dodgy" PNC will continue.
Ian Buckland
MD
Keep IT Legal Ltd
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