I wonder if by asking the unintended recipient of the data to destroy it that you may be asking them to destroy evidence of your misdemenour(perhaps in the hope that it will go away), which may be a good thing for you but not for justice. Perhaps you should be telling them to inform ICO and see what ICO want them to do with it.
Imagine the senario, "I've just been sent sent loads of really sensitive data from an NHS trust by mistake" "What was it". "Can't tell you cause I've destroyed it". "Who else was it sent to". "Don't know cause Ive destroyed it". "Who sent it to you". "I don't know who but it came from the hospital".
Chris
Chris Tinsley | Information Management Officer, GreenSquare Group
tel: 01249 466112 | [log in to unmask] | Methuen Park, Chippenham SN14 0GU
GreenSquare incorporates Oakus, OCHA, Sparrow, Tidestone, and Westlea Housing
housing people, building communities
www.greensquaregroup.com
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 07 September 2012 09:48
To: [log in to unmask]
Subject: Re: [data-protection] Data breach and responsibilities of the recipient
It could well be, but any prosecution would probably be much further down the line, and would have to be brought by the ICO or with consent of the CPS. The data controller cannot prosecute under s55.
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 Bill Dunn
Sent: Thursday 06 September 2012 16:51
To: [log in to unmask]
Subject: Re: [data-protection] Data breach and responsibilities of the recipient
Would it not be a section 55 offence if the information is used by the recipient knowing that they did not have the consent of the data controller to disclose it after being asked to return or destroy the information by the data controller?
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Buckinghamshire County Council
Visit our Web Site : http://www.buckscc.gov.uk Buckinghamshire County Council Email Disclaimer
This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author or [log in to unmask] immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents.
Buckinghamshire County Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this email.
All GCSx traffic may be subject to recording and / or monitoring in accordance with relevant legislation.
The views expressed in this email are not necessarily those of Buckinghamshire County Council unless explicitly stated.
This footnote also confirms that this email has been swept for content and for the presence of computer viruses.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
GreenSquare comprises
GreenSquare Group Limited | An Industrial and Provident Society with charitable status number 30386R | Registered Office: Barbury House, Stonehill Green, Swindon SN5 7HB
Oakus Estates Limited | Registered as a private limited company in England & Wales number 3861414 | Registered Office: Barbury House, Stonehill Green, Swindon SN5 7HB
Tidestone Limited | Registered as a private limited company in England & Wales number 3861419 | Registered Office: Barbury House, Stonehill Green, Swindon SN5 7HB
Oxford Citizens Housing Association Limited | An Industrial and Provident Society with charitable status 12305R | Registered Office: 244 Barns Road, Oxford OX4 3RW
G W Sparrow and Co Ltd | Registered as a private limited company in England & Wales number 01971730 | Registered Office: 5 Cobham Centre, Westmead Industrial Estate, Westlea, Swindon SN5 7UJ
Westlea Housing Association Limited | An Industrial and Provident Society with charitable status number 28095R | Registered Office: Methuen Park, Chippenham SN14 0GU
GreenSquare Community Housing | An Industrial and Provident Society with charitable status number 31476R | Registered Office: Barbury House, Stonehill Green, Swindon SN5 7HB
Follow us on Twitter:
twitter.com/greensquareavon | twitter.com/greensquaremard | twitter.com/greensquareisis
Find us on Facebook:
fb.com/GreenSquareAvon | fb.com/GreenSquareMarden | fb.com/GreenSquareIsisArea
This e-mail (including any attachments) has been scanned for viruses. It is intended only for the recipient(s) named above. It may contain confidential or privileged information and should not be read, copied or otherwise used by any other person. If you are not a named recipient, please contact the sender or email [log in to unmask] and destroy the original message.
Please consider the environment before printing.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|