Simon,
You have a discretion whether or not to disclose, s35 simply provides you with
an exemption should you choose to disclose. There isn't a restriction on extra
territorial disclosures - the exemption is applicable where disclosure is
necessary for any <emphasis> legal proceedings.
So I would make any decision on a case by case basis taking into account any
relevant factors I thought were relevant. For example I would be more
inclined to make a disclosure to the Jersey Police - which after all is still a
British police force - and where there is an equivalent law and a Commissioner
to whom an individual could complain, than perhaps I would to say the police
force of a country with a dubious human rights record. If I had any reason to
feel uncomfortable about making a disclosure then I wouldn't!
Incidentally section 35 of the Jersey Data Protection Law 2005 echoes section
35 of the UK Act. I'm not as familiar with the Canadian legislation but I think I
would be content to make a disclosure to Canada especially as there is privacy
legislation overseen by regulators at both federal and provincial level.
Does this assist/
rgds,
Kevin Broadfoot
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