Also see http://www.thelawyer.com/cgi-bin/item.cgi?id=108005 for the
outcome of the recent DPA stories
(Ifeoma) Magi Nwolie
Data Protection and Confidentiality Officer
Information Governance Team
Access the Information Governance toolkit at:
http://nww.nhsia.nhs.uk/infogov/igt
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Yuill, Allan
Sent: 07 January 2004 09:53
To: [log in to unmask]
Subject: Re: [data-protection] FW: [data-protection] DPA to blame agai n
In Chris' defence, http://www.thesun.co.uk/article/0,,2004001401,00.html
(I
love Googling)
Allan
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 07 January 2004 09:52
To: [log in to unmask]
Subject: Re: FW: [data-protection] DPA to blame agai n
***** THIS EMAIL WAS SENT VIA THE INTERNET *****
Perhaps he has shares in the Sun !*!*!*
-----Original Message-----
From: John Hughes [SMTP:[log in to unmask]]
Sent: 07 January 2004 09:46
To: [log in to unmask]
Subject: FW: [data-protection] FW: [data-protection] DPA
to
blame agai n
***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
I share your suspicions about my former ISEB guru Mr Pounder
fabricating
this story - especially as he stated that it appeared in
yesterday's
Sun
newspaper. I bought a copy on the way home and searched high and
low
but
couldn't see it anywhere.
John
-----Original Message-----
From: Michael Doherty
[mailto:[log in to unmask]]
Sent: 06 January 2004 18:13
To: [log in to unmask]
Subject: Re: [data-protection] FW: [data-protection] DPA to
blame
agai n
Evenin' all (some more senior people might see the joke),
I noticed a comment earlier today that there had been no
contribution to
this discussion from any police subscribers. I cannot speak for
The
Police;
only for me. I work for a police force.
My view (and that of fellow practitioners in the policing arena)
is
the
police cannot decide in advance the likelihood of any evidence
being
excluded if challenged as being unfair because it has been
obtained
by
means not in accordance with the data protection principles. Or
indeed for
any other reason.
It is the task of a judge or magistrate to decide if evidence
has
been
obtained so unfairly that it should be excluded by way of
Section 78
Police
and Criminal Evidence Act 1984 (PACE). Even then this can only
be
done at
the application of a defendant.
I see no problem with what the shopkeeper did - although the
school
might
have declined to give him the information unless there was
certainty
that
it was necessary for the investigation of the crime. He might
have
simply
wanted to sort a few kneecaps out.
If the story is correct it seems likely the shopkeeper spoke to
a
bod in a
police call-centre rather than a police investigator.
Does anyone share my suspicion that Chris Pounder made this one
up
just to
get people talking?
Regards,
Michael Doherty
Kent Police Data Protection Unit
01622 652066
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