In a message dated 21/11/03 11:02:05 GMT Standard Time,
[log in to unmask] writes:
> If invoked, does Section 115 of the Crime and Disorder Act 1998 override
> all of the provisions of the DPA?
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No it does not. Not under any circumstances. It merely provides the lawful
basis where that basis did not exist before. In other words, it only ensures
that the disclosure is not "ultra vires".
Section 115 CDA can only be used to share or disclose personal data where the
provisions of the DPA98 have been met, it is quite clear on that in the
legislation.
You still have to ensure: that other statutes and common law are not
breached, that you can meet a condition in Schedule 2 (and 3 if necessary) and that
the disclosure is fair to the data subject. In the guidance it states that
disclosure of data relating to victims or witnesses should never happen without
their consent. In many cases the consent of the alleged perp would also be
needed except where the public interest is likely to override the rights of the
individual.
Often misquoted, misinterpreted and misunderstood, section 115 of the Crime
and Disorder Act is not what it seems.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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