Good Morning All,
>
> Having had a recent request for disclosure of data to the police,
> I am beginning to question some working practice associated with
> the DPA 1998. Firstly the disclosure must comply with schedule 2
> (and 3 for sensitive data) probably the "administration of
> justice" condition would suffice, then 29(3) allows for the
> non-disclosure to be exempt where informing the data subjectof
> disclosure to a third party would prejudice matters.
>
> Ok the question is this, I have dealt with a 29(3) request from a
> Police force, the form literally just tells me the offence (i.e.
> Murder) and a blanket statement that the information is required
> to assist with enquiries, this sound familiar? My question is
> this, I was of the opinion that each disclosure was on a
> case-by-case basis, for that I need to know what data is required
> and why, the police need to identify why failing to disclose the
> data would be detrimental to their investigations, I do not think
> a standard wording form with just "murder" written on it gives me
> enough information to give an informed case-by-case decision on
> the validity of disclosing the data.
>
> However when questioned what exactly the information is required,
> how it will assist in enquiries, for me to decide whether to
> disclose or not, officers become very reluctant to provide such
> information, but without it how can I be sure that releasing the
> data is valid. I know many of you may answer that all authorities
> want to help the police, but put emotive reasoning aside for one
> moment and ask are all police disclosures valid?.
>
> Any advice would help, but I feel that most s29(3) forms from
> Police sources are sadly lacking.
>
> Paul Couldrey
> Data Protection Officer
> Wolverhampton City Council
>
>
Email Disclaimer
************************************************************************************************
DISCLAIMER: This email and files transmitted are confidential and are intended solely for the use of the intended recipient. If you are not the intended recipient, or the person responsible for delivering it to the intended recipient, you may not copy, disclose, distribute or use it in any unauthorised manner. If you have received this email in error please notify us by telephone on 01902-554455 or by email to [log in to unmask] and then delete it and any attachments accompanying it. Please note that Wolverhampton City Council cannot guarantee that this message or any attachments are virus free or have not been intercepted and amended.
Any views or opinions expressed within this email are those of the author and may not necessarily reflect those of Wolverhampton City Council and no contractual arrangement is intended to arise from this communication.
************************************************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|