Graeme
I have found the bit which I think may apply, but it is in FoIA not DPA
Offence of altering etc. records with intent to prevent disclosure.
"77. - (1) Where-
(a) a request for information has been made to a public authority, and
(b) under section 1 of this Act or section 7 of the Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,
any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled."
Janette
Janette Young
Information and Records Manager
The University of Wolverhampton
Wulfruna Street Wolverhampton WV1 1SB
Tel: 01902 322444
Fax: 01902 322281
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Graeme Hawley
Sent: 13 April 2006 12:26
To: [log in to unmask]
Subject: [data-protection] Prohibition of destruction with intent to
conceal
Hi,
I hope that this is a quick and easy one. FOISA makes it a criminal
offence to destroy or conceal information that has been requested in order
to prevent its disclosure (Section 65 of the Scottish legislation). I
suspect that the same is true for personal data under the DPA (i.e. you are
not allowed to destroy someone's personal data in the event of a SAR so as
to escape from disclosing it), but I cannot find any reference to this in
the DPA. Am I not looking hard enough, or is it there somewhere?
Cheers
Graeme
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