In a message dated 06/06/2003 09:27:20 GMT Daylight Time, [log in to unmask]
writes:
> The court is simply adjudicating between parties and a non-payer acquires
> not a criminal record but a recorded CCJ if they don't immediately pay and
> thereby a bad
> credit rating. There are all sorts of questions of law involved but nothing
> that makes the issue a criminal one of committing an offence and therefore
> "sensitive personal data".
>
----------
Maybe I am wrong, but where in the DPA does it say the offences (or
proceedings, etc) have to be criminal ones in order to be sensitive? Is it not
generally accepted that ASBOs are sensitive data after the offence is proven in a
civil court? It is my opinion that if a punishment is applied by the state
(including any mark against your character) then an offence has been committed -
whether the offence is against the state or a private person is irrelevant.
Many offences, criminal and civil, are reported in open court and in the
press - this does not make them non-sensitive but other exemptions may apply to
their use.
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
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further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
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Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
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