Dear all
Thanks for the posts, it has helped clarify my thinking. I should have been clear that the CDA does not trump the DPA. Nic and others are right that dpa covers both sets of transfers.
My focus is that a police request citing s29 has me thinking crime (micro or individual level) while s115 has me thinking sharing (macro level). I would be surprised if a local police request was citing S115 even though it is the basis for sharing info as I would expect the use of s29. Most discussions about data sharing refer to s115 but the discussions usually refer to depersonalised data so it is not engaging the dpa in the way that a request under s29.
My concern is that police may ask for more than depersonalised data under s115 and assume or imply that enables them when they still need to engage the dpa. At a deeper level there may be a belief thata data sharing protocol, built upon or directed by s115 may allow the sharing of peresonal info, names, addresses and nicknames, simply because the council is allowed or enable to share data to prevent crime.
The key point is that dpa comes first and then cda otherwise we live in a police state in that the police requirements trump individual requirements.
Best
Lawrence
The challenge is for S115 to
Lawrence Serewicz
Information Governance Project Manager
Durham County Council
----- Original Message -----
From: This list is for those interested in Data Protection issues <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Sent: Tue Nov 17 12:57:51 2009
Subject: Re: [data-protection] Section 115 Crime and disorder Act
I think Lawrence's analysis is pretty close to the mark here.
Have to disagree with Paul. S115 does not say you must disclose anything
- it says you have the power to disclose where necessary or expedient.
In exercising that power you still have to have regard to duties under
DPA although in practice it is not hard to find a gateway in one or more
of the conditions.
There is a significant difference in that disclosure / sharing under
s115 is subject to principle 1 whereas typically under s29 principle 1
will be disapplied because s29(1) "the application of [principle 1] to
the data would be likely to prejudice any of the matters mentioned in
this subsection"
So we publicise and inform about our s115 protocol - we do not normally
tell about disclosures under s29 - which as pointed out are voluntary
not forced.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4A, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Mae Cyhoeddi Cynnar yn Codi Canfod Cadarnhaol
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 17 November 2009 12:22
To: [log in to unmask]
Subject: Re: [data-protection] Section 115 Crime and disorder Act
s.115 of the Crime and Disorder Act says you must disclose if the
conditions are met. s.29 of the DPA says you may disclose in relation
to the crime & taxation purposes. It seems to me you have to disclose,
provided you are happy that the CDA conditions are met and that the
purpose is relevant. The police should be able to provide something in
writing to confirm both. A solicitor doesn't come within the orbit of
the CDA, as far as I can tell, so DPA restrictions on disclosure would
still apply.
(The only legislation DPA explicitly over-rules, to the best of my
understanding, is copyright, in the course of providing subject access,
but others may disagree.)
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Casillas, Mojgan" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, November 17, 2009 11:37 AM
Subject: Section 115 Crime and disorder Act
Morning all,
I could do with some good legal advise as to if section 115 of the Crime
and
disorder act some how, supersedes section 29 of the Data Protection act?
If
so, would I have to disclose the info to the Police/solicitors or can I
hold
on until I get a court order?
Thanks in advance for your feedback.
Mojgan Casillas
Information Governance Officer
Stockport College
Tel & fax: 0161-9583369
Mob: 07535974718
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