I have received such data in the past. My instructions to the organisation
were that it could not be used and must be deleted.
The fact of using it in good faith is an interesting point. I think a legal
opinion is required here.
That the information is useful to you does not make it lawful to continue to
use it. You now know it was obtained unlawfully and cannot reasonably use
it form that point on without opening your organisation and people within it
to legal remedy.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Donald Henderson
Sent: Friday, July 02, 2004 9:06 AM
To: [log in to unmask]
Subject: [data-protection] Information received in breach of the Act
Anyone got any thoughts about an organisation's position regarding
information which was received by it where the person passing the
information on was themselves in breach of the Act in doing so ? The
information received was neither life-critical nor related to prevention /
detection of a crime.
The information received was (and continues to be) useful to us, but we have
now (some time after the event) been informed that the Act was breached in
passing the information to us. How do we stand in relation to the
information ? I'm struggling to see if S55(2) will apply in this
instance.....
Thanks
Donald Henderson
Information Security Manager
Perth & Kinross Council
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