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See Schedule 4 para.4(1) - Secretary of State may order that it is necessary for reasons of public interest.
D
-----Original Message-----
From: Tim Turner [SMTP:[log in to unmask]]
Sent: 12 July 2004 15:53
To: [log in to unmask]
Subject: Re: Crime and Disorder Act 1998 - sharing info
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Where is the "substantial public interest test"? Is it in the CDA? I may be
being a bit thick, but there's no public interest test in the DPA that I'm
aware of .Surely if we have the vires, then consent is one of the reasons to
share data, but it doesn't have any special significance above any of the
other conditions?
Tim Turner
Wigan Council
> ----------
> From: [log in to unmask][SMTP:[log in to unmask]]
> Reply To: [log in to unmask]
> Sent: 12 July 2004 15:39
> To: [log in to unmask]
> Subject: Re: [data-protection] Crime and Disorder Act 1998 - sharing
> info
>
> In a message dated 12/07/04 15:16:11 GMT Daylight Time,
> [log in to unmask] writes:
>
>
> > So does this mean S 115 gives public authorities the ability to share
> > information (above and beyond the exemption for Personal Information in
> the
> > DPA) which they don't have under Administrative Law?
>
> -------
> CDA s115 allows data sharing where the information is necessary for the
> purposes of that legislation (crime, disorder, anti-social behaviour) but
> only
> where the provisions of the DPA 98 have been met. This means that the
> majority of
> data sharing will only be done with the person's consent except where a
> substantial public interest test can be met. The guidance suggests that
> sharing of
> data related to witnesses and victims should never be done without consent
> and that processing or disclosing details of alleged perps should also be
> done
> with consent whenever possible.
>
> The Act only gives local authorities the vires to share (for these limited
> purposes) where the legal authority did not already exist. It does not
> override
> DPA.
>
> Ian B
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
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