All the statements in this thread made so far seem to concur, given previous
legal statements:-
"Articles 76 and 78 of the Police and Criminal Evidence Act 1984, which
enables a court to exclude from evidence statements or confessions made in
circumstances which give rise to doubts as to the fairness of the
procedure."
Note it is the court that determines exclusion. Do the courts wish to have
full information, so they may themselves determine the legality? It seems
sensible they should wish to receive everything and anything which can be
obtained, in order to make a balanced judgement. The privacy of the
individual over ridden by the social necessity of a justice system?
The issues which then arise seem to be when courts determine that unlawfully
procured information is valid as evidence. But I suppose they can
adequately undermine the system on their own by promoting the unlawfully
obtaining of evidence where they choose. (A good indication of how
desperate the need?)
A good question might be what subsequently happens to the persons who
illegally obtain the evidence. Going on past experience - not much, ergo
the previous paragraph. The evidence trail should be sufficiently robust to
allow action. Strange world really.
All this would seem an excellent reason to ensure that advice given on these
matters is carefully documented. If only for evidential purposes.
Fishy Friday?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Hubert, Paul [STU]
> Sent: 21 February 2003 09:55
> To: [log in to unmask]
> Subject: Re: Fail Obtaining /Right to Privacy
>
>
> I think that Graham Smith is wrong to say that this is not a
> DP issue - this
> officer has knowledge about the person at a particular
> address because the
> authority processes data about that person for what we hope
> are legitimate
> purposes and is further processing by passing on this data
> about someone
> else as data about that person.
>
> Paul
>
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