There is another runnable argument why records of third party requests for
disclosure of information about a person (whether s29 or otherwise) might
not be that person's personal data, regardless of whether the information is
held on computer or in structured manual files.
In Durant, it was held that the information Mr Durant sought from the FSA
was "information about his complaints and the objects of them, Barclays Bank
and the FSA respectively". It was not personal data as it did not 'relate'
to him. So, it might be argued that a request from the police for
information about a data subject _relates_ to the police and not to the data
subject. Accordingly, such information may be kept forever, disclosed to
anyone, transferred outside the EEA etc etc. (subject, of course, to any
other legal constratints).
An interesting perspective for non-public bodies.
There is a counter-argument, but I'm quite enjoying this one for now!
Ian Mansbach
Mansbachs
Data Protection Practitioners
[log in to unmask]
phone: 0871 716 5060
-----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: 15 September 2004 15:46
To: [log in to unmask]
Subject: Re: [data-protection] Police Requests
Roland/Ian
An interesting conversation, chaps, but aren't we missing the point? If we
have established that the information about the SAR will not be held in a
relevant filing system - even if it's in the person's employment file it
might not be covered post Durant - the length of time it is kept is of no
legal concern.
What some individuals out there seem to think is that Durant will only
affect subject access requests. In fact, it will mean that the files do not
have to comply with *any* of the Principles. Hold it as long as you want,
whether it's accurate or not, don't bother keeping it up to date, forget
about security and don't even bother telling the person or the ICO how you
are processing it. Disclosing it to the police without a warrant or s29
notice? No problem. ;-)
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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