I don't think you should include the Police as a recipient, if you only pass
personal data to them on their legitimate demand - only if it forms part of
your day-to-day processing (which of course it may well do for some folk).
Otherwise we'd all have to include them!
You are right that the procedure doesn't form part of the DPA1998, but is
part of a code of practice. Generally speaking, you should not assume that
you have a legal obligation to comply with such a request, even if it comes
from the Police. In my view you still need to be sure that at least one of
the appropriate conditions for disclosure is satisfied.
Tim
--
Tim M. Wright
Director - Technology Audit
Charles Schwab Europe
Tel: +44 190 852 7793
Mobile: +44 7932 669 074
Fax: +44 190 852 7593
-----Original Message-----
From: Chris Brogan [mailto:[log in to unmask]]
Sent: 05 June 2001 15:26
To: [log in to unmask]
Subject: Police access Request
Group,
Section 28(3) DPA 1984 has been replaced by sect29(3) DPA
1998. I understand that when the police request personal data from you it
should be in writing, signed by a police officer at least one rank above the
requesting officer, at least of the rank of Inspector. I cannot find this
mentioned in the DPA 1998 and am assuming that this is best practice as
agreed between the Commissioner and The Association Of Chief Police Officers
and faliure to comply could be a breach of the fairness aspect of Principle
1. If I am right surely this is a breach by the police and not me if my
notification includes the police as a recipient .
Your comments are welcome.
Chris Brogan
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