The Anti-Terrorism Crime and Security Act 2001 expressly states that all disclosures by the Inland Revenue and Customs and Excise under that Act must comply with the Data Protection Act 1998 (s.19(7)) but, as far as I can see, says nothing about whether other public authorities must do so. Does anyone know what view the Information Commissioner or public authorities takes of this? The issue is, I think, whether public authorities must comply with data protection principles that are not disabled by s.29 of the DPA when making disclosures for the purpose of criminal investigations - in particular the second data protection principle. Personally, I don't see how they could comply with that data protection principle.
(Disclosures for national security purposes are another ball game- s.28 DPA would then be relevant)
Rosemary Pattenden
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