Care in researching the correct legislative base will be needed with this
one.
If the persons were genuinely Immigration Officers their powers will be
legislatively based, but potentially not applicable to UK (EU?) citizens.
Their powers will not necessarily be contained within the general policing
acts.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Alison Barty
> Sent: 28 November 2001 13:02
> To: [log in to unmask]
> Subject: Student confidentiality compromised
>
>
> Below is a response to a colleague on the same matter from Clive
> Saville, Chief Executive of UKCOSA: The Council for International
> Education which may be of interest
>
> Alison Barty
>
> Our immediate reaction is that they are bluffing and should be
> asked what their statutory authority is. If they are claiming
> prevention of terrorism, for example, then the police would need a
> magistrate's warrant under the Terrorism Act 2000 to be able to
> force a search and seize material. It might also be worth trying to
> get
> their names, rank, etc
>
> The new anti-terrorism legislation is still going through Parliament,
> so
> hasn't come into effect yet.
>
> The non-disclosure provisions of the Data Protection Act do not
> apply where there is a Ministerial certificate certifying national
> security grounds or where the disclosure is for the prevention or
> detection of crime or the apprehension or prosecution of offenders.
> But
> that doesn't create a duty to disclose - it just means the DPAct
> penalties
> don't apply if you do disclose. So then it comes down to the
> institution's
> own policy on release of information, which would in any case be
> overridden by any appropriate statutory power to require the release
> of
> information.
>
>
>
>
>
> Clive Saville
> Chief Executive
> UKCOSA: The Council for International Education
> 9-17 St Albans Place
> London
> N1 0NX
> Alison Barty
> School of Oriental and African Studies
> University of London
>
> Postal address Visiting address
> SOAS SOAS
> Thornhaugh Street Vernon Square
> Russell Square Penton Rise
> London WC1H 0XG London WC1 9EL
>
> Tel: 020 7074 5016
> Fax: 020 7074 5039
>
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