Carl Johnson on Thursday, January 27, 2005 at 2:19 PM said:-
> As far as i recall, S29 allows the release of data for the
> follwing purposes:
Allows is the important word. Disclosure is not required. Although some
PI's, and many others could well attempt to mislead in that respect, in a
similar way that the limitations surrounding the legal exemption are often
misrepresented for the purposes of SAR disclosures.
> I'm not familiar with the sections you've mentioned so i'll
> have a read up on them.
The s.55 relates to unlawful obtaining (probably also including
misrepresentation) and the s.56 relates to misuse of SAR rights/data subject
permissions.
Both of those sections can have some value when training.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Carl Johnson
> Sent: Thursday, January 27, 2005 2:19 PM
> To: [log in to unmask]
> Subject: Re: Section29 and private investigators
>
>
> Ian,
>
> As far as i recall, S29 allows the release of data for the
> follwing purposes:
>
> The prevention of detection of crime.
>
> The apprehension or prosecution of offenders.
>
> The collection of any tax or duty.
>
> Given that a PI who is, essentially, a private citizen, i
> cant see how they could make such a request. As a result, i'd
> find their enqiury suspcious and would think it would be wise
> to warn others that this person is out there making these requests.
>
> As i understand it, the only way a private citizen can obtain
> data on another would be a court order.
>
> I'm not familiar with the sections you've mentioned so i'll
> have a read up on them.
>
> Regards
>
> Carl
>
> [log in to unmask] wrote:
> > Broom, Doreen on Thursday, January 27, 2005 at 1:18 PM said:-
> >
> > > He's a blagger.
> >
> > From the initial enquiry, on the surface that may be so and
> as such a
> > s.55 or s.56 offence could easily be committed.
> >
> > Should that prove to be the case then s.29 would apply,
> enabling the
> > disclosure of collected information about the enquirer to the
> > legitimate investigative authorities. Some would argue that
> principle
> > 7 would require such reverse reporting in appropriate
> circumstances,
> > although I believe determining the appropriateness of the
> > circumstances could be down to a political decision within the
> > organisation in question.
> >
> > Carl Johnson on Thursday, January 27, 2005 at 1:21 PM said:-
> >
> > > Perhaps it would be wise for the OP to name and shame?
> >
> > That could compromise the success of any subsequent investigation
> >
> > Ian W
> >
> > > -----Original Message-----
> > > From: This list is for those interested in Data Protection issues
> > > [mailto:[log in to unmask]] On Behalf Of Broom, Doreen
> > > Sent: Thursday, January 27, 2005 1:18 PM
> > > To: [log in to unmask]
> > > Subject: Re: Section29 and private investigators
> > >
> > >
> > > He's a blagger.
> > > D
> > >
> > >
> > > > -----Original Message-----
> > > > From: Alison Aiton [SMTP:[log in to unmask]]
> > > > Sent: 27 January 2005 11:05
> > > > To: [log in to unmask]
> > > > Subject: Section29 and private investigators
> > > >
> > > > Dear All
> > > >
> > > > I'd like to ask the group -- has anyone had any experience
> > > of getting
> > > > a s29 request from anyone other than the police? The
> > > requester is a
> > > > private investigator, who says that he's pursuing a
> > > possible crime.
> > > > What he wants is confirmation or denial that a named
> > > individual works
> > > > or has ever worked here.
> > > >
> > > > What would do you think?
> > > >
> > > > Alison Aiton
> > > >
> > > > -
> > > > Data Protection Co-ordinator
> > > > Business Improvements
> > > > Butts Wynd
> > > > University of St Andrews
> > > >
> > > > Tel: 01334 463528
> > > > email: [log in to unmask]
> > > >
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