Thank you all.
Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria LA14 2LD
Tel: 01229 876452
Fax: 01229 876515
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 21 March 2012 14:31
To: [log in to unmask]
Subject: Re: [data-protection] Publishing of PD by Newspaper
That should say "If they didn't know, but the *publication* was
reckless, also possible offence under s55(3).
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: Wednesday 21 March 2012 14:19
To: [log in to unmask]
Subject: Re: [data-protection] Publishing of PD by Newspaper
That depends...
Did they know it was disclosed to them unlawfully? If yes, possible
offence under s55(3) DPA. If they didn't know, but the disclosure was
reckless, also possible offence under s55(3).
If they didn't know and didn't act recklessly, there's probably no
criminal sanction. However, if the paper does not reasonably believe
that publication is in the public interest it would lose the protection
afforded by the section 32 DPA journalism exemption, and be vulnerable
to enforcement by the ICO, or a claim under s13 DPA.
Additionally, a civil claim for breach of confidence/misuse of private
information is open to the data subject, which may well be
preceded/accompanied by an application to prevent further publication.
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jane Holden
Sent: Wednesday 21 March 2012 14:07
To: [log in to unmask]
Subject: [data-protection] Publishing of PD by Newspaper
If a paper publishes PD which was disclosed to them unlawfully what
action can be taken against them?
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