The ICO's guidance on Using the Crime and Taxation Exemptions [https://ico.org.uk/media/1594/section-29.pdf] says "The crime and taxation exemptions are based on the purpose for which the personal data is being processed, not on the type of organisation doing the processing".
The examples there, and in the guide to the Act, tend to refer to the "obvious" requesting organisations - police, HMRC, etc.
But there's a checklist that may be of more general use on page 5 of "When can I disclose Information to a private investigator?" [https://ico.org.uk/media/for-organisations/documents/1556/disclosures_to_private_investigators.pdf]. Notably:
"f I do not release the personal information will this significantly harm any attempt by the person to prevent or detect crime? (The risk must be that the investigation may very well be impeded)."
HTH
Andrew
> -----Original Message-----
> From: This list is for those interested in Data Protection issues [mailto:data-
> [log in to unmask]] On Behalf Of Chris Brogan
> Sent: 30 September 2016 13:12
> To: [log in to unmask]
> Subject: Re: RSPCA Disclosure Request
>
> A similar question was put to Lord Williams of Mostyn(RIP), the Home Office
> minister responsible for the Data Protection Bill at the committee stage, in
> February 1995 by Lord Norton who was representing the Institute of Loss
> Adjusters and the Association of British Insurers. Lord Norton asked if section
> 29 could apply to Loss Adjusters when making enquiries about potential
> spurious claims. Lord Williams responded by saying he did not know but
> would find out. To the best of my knowledge an answer was never provided.
> It has arisen on numerous occasions with a mixed bag of opinions.
> In the early 2000s research was conducted on behalf of the Postal Services
> Commission (POSTCOMM) the authority responsible for the investigation of
> postal crime under the Postal Services Act 2000 part of which addressed this
> question. I cannot remember the exact details but 112 public authorities
> (that figure is correct) responded to a survey where one of the questions
> was; Would you provide personal data to other than the police under a
> section 29 request? Apart from those authorities which had never
> considered it (about 20%) the remaining results were 50/50 with caveats such
> as; it would depend upon who/what was asking; why they wanted it.
>
> Incidentally based partly on the results of the survey, assurances provided by
> POSTCOMM and a good business argument access to the Police National
> Computer was agreed by the City of London Police to POSTCOMM.
>
> I have not, despite some thorough research some years ago, come across a
> definitive answer to this question. If anyone knows of such a decision I would
> appreciate a steer to where I can find it.
> Chris Brogan
>
> On Fri, Sep 30, 2016 at 10:15 AM, Lindsay Foody
> <[log in to unmask] <mailto:[log in to unmask]> >
> wrote:
>
>
> Can anyone advise on responding to an RSPCA disclosure of personal
> information request to assist with bringing about a prosecution for animal
> cruelty under the Animal Welfare Act 2006.
>
> Their request form refers to s29(3) but I’ve checked their website
> and it appears that the RSPCA has no statutory powers, although they
> obviously do inspections and investigate cases of animal cruelty.
>
> On their website, they say:
>
> • Gathering evidence
> When RSPCA inspectors have reason to believe that an offence has
> been committed, they prepare a case file containing evidence such as
> witness statements, photographs, and veterinary or other expert advice.
> We, unlike the police, have no special powers to gather evidence.
> But we use the law to ensure any evidence gathered can be used in
> court.
> Once the investigation is complete, the file is submitted to our
> prosecutions team, who consider whether the case ought to be prosecuted
>
> •The power to prosecute
> Everyone in England and Wales has the right to bring a private
> prosecution against someone who they believe has committed an offence.
> Section 6(1) of the Prosecution of Offences Act 1985
>
> Does s29 cover private prosecutions by such organisations at all? Or
> would s35 potentially cover it?
>
> Any advice would be gratefully received!
>
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