In a message dated 05/03/2003 11:19:57 GMT Standard Time,
[log in to unmask] writes:
> Police have requested details of all staff who start work between certain
> hours in a specific town. They wish to know name, address and DOB...this
> is
> in relation to a serious offence against a child. They basically wish this
> information to question if any employees saw anything.
>
---------
This sort of enquiry, not covered under s29 because that would have to be
applied on a case-by-case basis, is almost certainly in need of a court
order.
Another way of dealing with it, assuming the police do not suspect any of the
workers, is for the employer to contact each worker and inform them the
police would like to talk to them as potential witnesses.
If the police will not allow you to contact the staff, they obviously suspect
one (or more) of them and they should either give you a s29 certificate (or
certificates) in respect of that (those) individual(s) or seek a court order
to force a disclosure.
If the police are not prepared to do that and insist on the full list, a
court order is the most likely solution.
An employer (public sector or otherwise) should not allow the police general
access to their employment files - whether audit trailed or not - this would
be very likely to breach both DPA and HRA.
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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