> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Kirsty Gray
> Sent: Monday 27 November 2006 10:35
> To: [log in to unmask]
> Subject: Re: Data Protection Act - Section 29
>
>
> Contrary to what the Police often think - section 29 is NOT
> about them
> being entitled to have information.
>
> Neither the Police nor any other authority with powers of
> investigation can
> make a request / demand under section 29 (CSCI included!).
> Because the
> section relates to the disclosing organisation's exemption
> from the non-
> disclosure provisions (and SAR) only if it is truely
> satisfied that the
> information should be disclosed for crime / taxation purposes.
>
> So the onus is on the Police or other investigating body to
> convince you
> that information held by your organisation is required for
> crime / taxation
> purposes. Its not an excuse for a 'fishing expedition' so
> Police need to
> have a reasonable idea of what information you might have and
> explain how
> their case would be prejudiced without it.
>
> We get lots of requests from Police (and local authorities, and
> immigration, and tax inspectors ...) and every one is
> consided on its own
> merits. In the first instance ask for their stautory
> authority to obtain
> information from us so we can consider section 35 and only
> consider section
> 29 if necessary. If we're not satisfied, we request a court
> order and its
> amazing how often PC29 backs off at that stage!
>
> Kirsty E Gray
> Access to Information Advisor
> Commission for Social Care Inspection
>
> Note: comments for discussion and debate only and do not necessarily
> reflect the corporate position of CSCI nor constitute legal advice
I'd welcome comments on the page on dealing with police requests/orders
that I've put up on the JANET website at
http://www.ja.net/development/legislation/activities/working-with-le.htm
l
This is written from a system/network management perspective, hence the
stress on communications data, but if you spot anything that's wrong or
could be better phrased then I'd be happy to have comments off-list.
Thanks
Andrew
--------------------
Andrew Cormack
Chief Regulatory Advisor
UKERNA, Atlas Centre, Chilton, Didcot, Ox11 0QS, UK
Phone: +44 (0)1235 822302
Fax: +44 (0)1235 822399
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