Information he might require might be transaction data, such as the date
and time the transfer was made, and the IP address it was made from (if,
as I suspect, it was done online).
> You can't compel someone to make a 29(3) disclosure. You can compel them
> with other means (an order under some relevant statute is what the
> police would look for next).
Both statement are corrects but neither are what I had in mind..
Bear in mind two things have happened to the nice Mr Clarkson. A crime
under the Fraud Act 2006/obtaining of a money transfer by deception, and
secondly a tort against him by person or persons unknown
(conversion).
Where the bank has information in its possession (like the above
mentioned transaction data), albeit by virtue of being an innocent
participant in a tort, the claimant (that nice Mr Clarkson) is entitled
to compel the bank to provide that information (Norwich Pharmacal v
Customs & Excise).
But the general rule is he would have to pay the Bank's legal costs,
which would dwarf the £500 involved, with no guarantee the the
information, once provided by the bank, would actually lead to the
wrongdoer.
To argue that the tortfeasor and/or criminal is protected by the DPA is
all kinds of wrongness about it!
Nigel
> [1] Actually, I'd like to offer to detect any similar crimes being
> perpetrated against yourself. I hereby demand under the DPA that you
> send me all your bank statements :)
--
Nigel Roberts, Director
Island Networks, 4&5 St Anne's Walk, Alderney (GG)
Tel. +44 1481 822800 GSM: +423 663 178200
(Ask me about free incoming calls to your mobile in 86 countries.)
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