In a message dated 21/04/04 15:13:36 GMT Daylight Time, [log in to unmask]
writes:
> 2 youths caught on CCTV shoplifting
> The Local Authority's Community Safety Officer & Police can Identify one but
> not the other.
>
> The Local Authority wants to put out a wanted poster asking of the public
> can recognise the offender.
>
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My thoughts are:
a) It is unlikely to pass the "public interest" test in that the individual
does not pose a clear and present danger;
b) Data protection exemption s29 is unlikely to apply because failure to
disclose to the general public is unlikely to prejudice a criminal enquiry
(besides, shoplifting is still a civil offence, isn't it?);
c) Hand the tape over to the police or let them view it to see if they
recognise him. If a prosecution for theft is to be pursued, the tape will be needed
as evidence and should be sealed as per the PACE requirements.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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