Quick question: Why do the Police need the bank details from you? Why can they not go to the bank directly under the other powers that they have? If the Police have a case brewing surely they can obtain this information through their powers and the Court's powers to undertake this work.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 11 November 2010 12:17
To: [log in to unmask]
Subject: [data-protection] Views Please
We are legally obliged to make certain payments to Mr X. These will be made in the near future to his bank account.
As a result of other actions we are taking it is likely in the near future that Mr X will owe us a tidy sum of money.
The police believe they will have grounds for placing a block on withdrawals from the account - if we give them details.
It seems to me at first glance :
1. We can justify the action of providing bank details to the police under condition 6. 5(b) or even 5(a) might even apply on the specific facts (which I am not sharing)
2. If we do so, then until the police have done what they need we do not have to tell Mr X what we have done as to do so would defeat the object (by allowing him to withdraw funds) and is exempt from the subject information provisions by s31(1) . Again you can assume the intended action falls within a s32(2) function.
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