Some legislation contains a statute bar on the disclosure of information
collected under that piece of legislation. Eg the census legislation
prohibits disclosure for 100 years, and the Statistics of Trade Act (I
think 1948), permanently prohibits disclosure of information gathered
under that Act. I have always taken it that s 27(5) is reconciling any
conflict between such bars on disclosure and the Data Protection Act, by
stating that subject access rights apply to information collected under
such legislation unless an exemption set out the Data Protection Act
applies.
Susan Graham.
-----Original Message-----
From: davidwyatt [mailto:[log in to unmask]]
Sent: 13 December 2002 12:54
To: [log in to unmask]
Subject: Re: [data-protection] CCTV
Doreen
Some thoughts
If you are looking only at data subject access (subject information
provisions and Section 7)
Under DPA 98
Section 29 (2) exempts data subject access if personal data is used for
prevention or detection of a crime. Section 29(4) may also be arguable
depends on the criminal offence.
Subject information provisions defined in Section 27(2)
However never been too sure of interpretation of the clause in Section
27(5). Views on that clause anyone?
David Wyatt
----- Original Message -----
From: "Broom, Doreen" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, December 12, 2002 5:39 PM
Subject: [data-protection] CCTV
> All
> I have recently had a request from a solicitor wishing to view CCTV
footage
> of an incident her client was involved in. The gist of the story is
> that the client had been arrested not sure why and had apparently been
> bundled into the back of the police van by about 6 officers. I
> believe the client thinks he was badly mistreated. Anyway, the
> Council and the Police are Joint Data Controllers in that the Council
> own and maintain the equipment and the Police monitor/change tapes
> etc. The whole incident has been filmed. The Police have now said
> that they
are
> holding the tape until they have spoken with the Procurator Fiscal -
> (person who decides if criminal proceedings will be brought) as to
> whether it can be disclosed. Does this mean that if criminal
> proceedings are
being
> brought by the Police they do not need to disclose? I am not sure if
> this is allowable - can I insist that the Police release this
> tape...don't want to get on the wrong side of them though? Any help
> would be greatly appreciated. Doreen Broom
> Access to Information Officer
> [log in to unmask]
> Tel: 01835 826516 (Direct Line)
>
>
>
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