It warms the cockles of my heart to see this one raised. A subject very close
to my heart. I feel this can be developed to deal with any civil
investigation that an organisation may be faced with especially fraud. The
commissioner has often said that data protection does not infringe on the
investigation of fraud and refers to sect29(3). But fraud is not a criminal
offence except when it is wilful. In many instances the only recourse to an
organisation is through an action under Tort (a civil wrong). The same
exemptions under sect 29(3) would not in this instance apply.
The Fraud Advisory Panel are putting on a seminar to deal with this issue. WE
have prepared a scenario which deals with this civil/criminal issue. I would
be happy to e mail it as an attachment to any one who was interested. What we
are hoping to achieve from this seminar is to more clearly identify the
issues involving civil investigation and try to obtain through the home
office an extension of the exemptions afforded to criminal investigation.
I await your comments.
Chris Brogan
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