I thought there had previously been some guidance issued on this.
Basically the level of authority required is at the data controller’s
discretion.
In my opinion identifying the appropriate level of authority for any
particular set of data types generally means collating information about the
sensitivity of the data from within the controlling organisation as well as
enquiring with the requesting organisation about the level of authority for
that data which they perceive as fitting. It may well be that a civilian
member of a police force has been delegated by the Chief Constable or other
senior officer to authorize specific actions, but any final decision is
legislatively placed with the data controller in question.
e.g. A s.29(3) exemption request received by the DCA may well require the
authority of a senior officer prior to the request being made and the
authority of the DPM prior to release of any data, with the DCA being able
to advise the requesting force if they require a more senior rank to
authorise the request.
The particular hierarchical nature of any organisations in question, as much
as the data in question, seems to play a significant part in determining
relevant authority levels.
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Gerry Dane
> Sent: Friday, January 06, 2006 3:00 PM
> To: [log in to unmask]
> Subject: Section 29(3)
>
>
> Have received a Section 29(3) request form.
>
> Question: Does a civilian employee of the police have any powers of
> investigation in relation to crime? ie Can they properly leverage the
> exemption via this device, or does it have to be a warranted officer?
>
> I'm intending to get the thing countersigned by a senior officer - but
> once again can it be a senior civilian officer or does it have to be a
> 'proper copper'.
>
> Thanks,
>
> Gerry.
>
> Mr.G.Dane
> University of Newcastle
> Email: [log in to unmask]
>
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