Can I suggest a way to avoid telling the data subject that information has
been passed to the police:
The definition of recipient in the DPA (see sec 70) excludes "any person to
whom disclosure is or may be made as a result of, or with a view to, a
particular enquiry by or on behalf of that person in the exercise of any
power conferred by law."
While the definition is capable of a range of interpretations, it could
suggest that disclosures to third parties (and law enforcement authorities)
who have a legal right to seek information in the context of a particular
enquiry are disclosures that are not disclosable to a data subject !!
Regards to all
Martin Hoskins
One 2 One
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: 29 January 2002 20:25
To: [log in to unmask]
Subject: Re: Data Subject Access Requests & Police Referrals
Merely because a s.29 exemption existed at one time does not mean it
continues to exist.
You would need to have a process in place to contact the policing
organisation who made any enquiry to determine if a s.29 exemption could
still be legitimately claimed.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Su Goulding
> Sent: 29 January 2002 14:56
> To: [log in to unmask]
> Subject: Re: Data Subject Access Requests & Police Referrals
>
>
> Very interesting article about this in the Law Society
> Gazette yesterday,
> which suggested that money-laundering suspicions raised within an
> organisation could be subject to disclosure in a SAR. Only
> once reported to
> NCIS, might there be some S.29 exemption. Concerns raised
> about possible
> tipping-off as well.
>
> The link is http://www.lawgazette.co.uk/articles/2.asp
>
> regards
> Su
> Su Goulding
> Data Protection Analyst
> tel: 020 7330 3491
> mobile: 07767 674376
> [log in to unmask]
>
>
>
>
> -----Original Message-----
> From: Clare Bond [mailto:[log in to unmask]]
> Sent: Tuesday, January 29, 2002 2:11 PM
> To: [log in to unmask]
> Subject: Data Subject Access Requests & Police Referrals
>
>
> Please can you tell me what your thoughts are on the
> following scenario.
>
> If we receive a Data Subject Access Request from an individual who we
> believe has some involvement in a Money Laundering offence
> and by releasing
> the information this might reveal a referral to the Police or
> NCIS, what
> should we do?
>
> There appears to be a conflict between the two acts (Money
> Laundering & Data
> Protection Act).
>
> I would appreciate your comments on this type of situation.
>
> Thank you,
>
> Clare
>
> Clare Bond
> Compliance Officer
> 3rd Floor, Ladymead
>
> Tel: 01483 55 2944
> Fax: 01483 55 2946
> Email: [log in to unmask]
>
>
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