Susan
The DPA does not give the police (or anyone else other than the data
subject) the power to require you to disclose personal data. S29(3) provides
you with exemption on specified grounds from the requirement not to disclose
(i.e. it gives you authority to disclose if you have or choose to). You
should first ask the police under what authority they have made their
request (which section of what Act).
Ian Mansbach
Mansbachs
Data Protection Practitioners
[log in to unmask]
phone: 0871 716 5060
international: +44 (871) 716 5060
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of BOWMAN, SUSAN
Sent: 23 June 2004 13:51
To: [log in to unmask]
Subject: [data-protection] section 29(3) of DPA or Section 22 of RIPA?
Dear all
Can anyone advise re the following:
When a request for email files is received by the police as part of a
criminal investigation should they be required to:
(a) complete a form regarding exemption 29(3) of the DPA or;
(b) complete one regarding section 22 of RIPA?
I've been informed that the receipt of (a) above does not legally require
one to comply whereas (b) does. Is this correct?
Susan Bowman
Information Access Manager
---------------------------------------------------------
Internet communications are insecure, therefore City College Norwich (CCN)
does not accept legal responsibility for the contents of this message. Any
views or opinions presented are solely those of the author and do not
necessarily represent those of CCN.
This email and any files sent with it are intended only for the named
recipient and may be confidential. If you are not the named recipient please
email the sender immediately then delete this message. You should not
disclose the content, distribute or retain any copies of this message.
City College Norwich, Ipswich Rd., Norwich, Norfolk. NR2 2LJ.
http://www.ccn.ac.uk
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|