In a message dated 23/08/04 10:26:22 GMT Daylight Time,
[log in to unmask] writes:
> A sanity check please - Is a speeding offence sufficient grounds for a
> S29 disclosure (is it a crime?). We have had a request to view a
> departmental personnel picture gallery to identify a person following speeding
> summons. Something keeps saying it is not a custodial offence and as such does
> not 'qualify' as a crime.
> and
> Just to clarify , it is not the Police making the request but internally
> within the organisation.
>
----------
Presumably the offence was commited in a works vehicle and the council wants
to identify the driver because they have breached the terms of their contract?
If not, you should reject the request out of hand.
s29 is available for all data controllers, it allows data to be processed (on
a case by case basis, so long as you can identify schedule 2 and 3
conditions) for the purposes of the prosecution of offenders. If the summons is for an
unnamed driver, and it is not certain from your records who was driving, it is
unlikely the prosecution would be successful.
It's a bit like when several people drive your own car - like your spouse,
son, daughter, siblings, etc., and you *genuinely* can't remember who was
driving when caught by a speed camera, and the photo is inconclusive. There would
be only two chances of a successful prosecution, slim and fat.
Some employers like to assist the police in identifying the offender and so
they write into the contract of employment that they will use personnel and
other staff data for crime detection and prevention purposes, and that they will
disclose staff data to the prosecuting authorities even where s29 does not
apply.
If you decide to look through the rogues' gallery (sorry personnel photos)
and pick out the wrong person, you are risking a claim for compensation.
Ask the police to get a court order to force you to hand over the personnel
photos because you could not be sure to pick the right person - that would be a
safer option. If the police get it wrong, that's their fault.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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