Hello
This is the case with Section 35 forms also.
I've recently been threatened with being issued a court summons because I insisted on our form being completed (not by the police I must add). Regardless I maintained that the form must be completed.
Jane
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Michelle Peel
Sent: 21 March 2014 10:54
To: [log in to unmask]
Subject: Re: [data-protection] Friday observation on why s29(3) forms need to be completed (paperwork makes due process work which means the law works :))
Hi Lawrence,
THANK YOU for providing this! This is something I've been working on for the last few months with some of our business areas. In some areas teams are releasing data when asked (often verbally) by police as they feel it is urgent, and that if they don't release the data they will ruin the good relationship they have with the police. They feel that by making it difficult for the police to get data, then the police will be less willing to assist them when they need it. This will hopefully help me make my point more clearly!
I do wish though that more police officers on the ground were aware of these processes, as this seems to cause some of the problems. I'm sure the police do train their officers in DP, but for some reason some officers don't seem to be very aware of the processes in place. (I'm not restricting this to the police of course, just that this is the example in this case!)
Best wishes,
Michelle
Michelle Peel
Information Manager
Transport for Greater Manchester
2 Piccadilly Place, Manchester M1 3BG
Direct line 0161 244 1123, Extension 701123
www.tfgm.com
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 21 March 2014 10:30
To: [log in to unmask]
Subject: [data-protection] Friday observation on why s29(3) forms need to be completed (paperwork makes due process work which means the law works :))
Dear All,
I know that from time to time people question why we need to have the s.29(3) forms completed and the reasons provided. Often times, there can be a reluctance for the forms to be completed or for sufficient detail to be provided by the organisations that made the request.
I would draw your attention to paragraphs 9-13 of the Miranda ruling. http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/miranda-v-sofshd.pdf
The Police, interestingly enough, were quite insistent about having the paperwork completed and the reasons section of the form completed to their satisfaction.
Imagine if that form had not been completed properly? The case would have collapsed because the claimants would be able to show due process was not followed so the stop was not justified. Instead of justice, it would have been the exercise of arbitrary state power.
Now, I doubt the routine s.29(3) request would receive that scrutiny. However, the obligation we have to justice, which makes our democracies work, requires such vigilance whether it be at the highest levels of national security or at the everyday business of a local council.
Best,
Lawrence
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