Michael
S27(5) stays the same in that the subject information provisions including
S7 sit above any other
rule of law or enactment etc - only applies to "personal" data though. The
judges were aware of S27(5)
- it does appear in the full judgement. The judges have clarified the
meaning of personal data (for the
purposes of a subject access request it seems !!). The amount of disclosure
as a result of S7 is affected
as the definition of personal data has changed. S27(5) therefore is not an
issue at all if the data concerned
is not by definition "personal".
Regards
Peter Lane
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Michael Doherty
Sent: 23 February 2004 14:47
To: [log in to unmask]
Subject: Re: Subject access, litigation, and Durant
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
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