Afternoon all,
As I understand Section 27(5) DPA 1998 is a bar to any legal interpretation
of rights of subject access resulting in a restriction of access.
The section reads,
“Except as provided by this Part, the subject information provisions shall
have effect notwithstanding any enactment or rule of law prohibiting or
restricting the disclosure, or authorising the withholding, of information.”
The Part referred to is Part IV – Exemptions
Subject information provisions include Section 7 (Section 27(2)).
The self-incrimination exemption is in Schedule 7 and it applies only to
evidence of an offence. Commentators (Jay & Hamilton 2003, Carey, 2000)
equate this to criminal offences only (and it doesn’t apply to offences
against DPA).
Thus it would seem that if something is personal data, then unless an
exemption under the act applies, a subject’s application cannot be denied.
Judge’s may make any rule of law they wish; but it cannot overturn this
particular bit of the act.
Regards
Michael Doherty
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|