Ian
Id raised the question on this term 'offence' with lawyers and was advised
it is used to define criminal offences.
David Wyatt
----- Original Message -----
From: "Ian Welton" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, August 05, 2004 4:17 PM
Subject: Re: [data-protection] Bemused - Assistance requested
Grodzicka, Jenny on 05 August 2004 at 12:40 said:-
> This exemption relates to all criminal offences except
> offences under the
> data protection act. A controller can withhold information
> if it would
> expose the controller to proceedings for any offence.
The DPA 1998 offences are clear. What does not seem so clear is that the
exemption states 'offence' and does not seem to be limited to either
'criminal' or 'civil', unless the wording has provided a limitation in legal
jargon.
Carter, Antoinette (CCM) on 05 August 2004 at 13:17 said:-
> As I understand it (from the entries in the "Encyclopaedia of Data
> Protection" that act as my desk's book ends) the exemption
> only applies
> to DSARs.
That has been my understanding.
> Presumably if a data controller was playing by the
> book, they
> would need to declare that they were applying this exemption to the
> requestor, at which point, one assumes that the data subject would
> approach the local constabulary, who would be able to demand the
> information
Has the advice changed that where a SAR response is made and an exemption is
claimed the wording could be such as to mask that fact, otherwise the
purpose of the exemption itself could well be prejudiced.
Why such a potentially strong organisational protection is not openly
acknowledged seems to indicate a very interesting issue, when considered
from a privacy viewpoint, and the confused perspective that DPA exemptions
are frequently allied with 'something to hide' type scenarios.
Ian W
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