[log in to unmask] on 21 November 2003 at 14:00 said:-
>In other words, it only ensures that the disclosure is not "ultra vires
The old ODPR published an A4 booklet entitled "Private lives And public
Powers - "A guide to the Law on the Use and Disclosure of Information about
Living Individuals by public bodies"" Foreword by Leonard Hoffmann,
Introduction by Elizabeth France.
There is no date in the booklet, or ISBN number, so I am not aware if it is
still in print. (If it is not, and the OIC willing, I am happy to scan and
forward a copy to anybody who may be interested.)
That booklet provided an easy read introduction to ultra vires, the duty of
confidence, excess of delegated powers and the concept of legitimate
expectation. All useful information for DP practitioners, particularly so
when dealing with section 115 CDA type issues.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> [log in to unmask]
> Sent: 21 November 2003 14:00
> To: [log in to unmask]
> Subject: Re: Section 115 - Crime and Disorder Act 1998
>
>
> 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?
>
> -------
> 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
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