Phil,
I think that if the person receives something incorrectly, then it was not intended to receive it. The DC did not consent to the mistaken delivery. Thus, the recipient will have received it without consent. Once the DC contacts the recipient, even if the recipient is a registered DC, then I would suggest they are potentially in breach of s.55 if they do not return it or destroy it. I do not think that s.36 can apply as the PD is not held with consent and was not provided by the originator with consent. They have no lawful or legitimate purpose to hold PD they received in error and which the originating DC is indicating that they need to return it or destroy it.
I appreciate that the Fairstar ruling can come into effect, but I would suggest that the recipient DC would not want to insist on ownership of PD for which it was going to face a s.55 breach. They have obtained without consent, ie the DC sent it in error.
However, if the original sharing was appropriate and with consent, then there is no way to use s.55 to get the information back. I would suggest.
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: 19 February 2015 13:30
To: [log in to unmask]
Subject: Re: s55 "obtaining"
Taking Lawrence's point I am, for once, with the ICO on the issue where s36 in circumstances where e.g. you receive something in the post not meant for you. Firstly I do not e requirements of s55 are met at all in relation to the obtaining. You clearly receive it in domestic circumstances and just keeping it cannot in my view take it out of that.
John's question would fall into the same category only if the original obtaining was for domestic purposes. If not then I stand by my previous answer.
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