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I recall a speaker at the JISC Conference "Access and Security" talking
about this issue.  I think he said that the Police should accompany their
request with some "official paperwork" stating the reason for their
request.  I think it was Jonathan Bamford, Assistant Data Protection
Commissioner, who made these remarks.

On Fri, 10 Mar 2000, Charles Christacopoulos wrote:

> From: Charles Christacopoulos <[log in to unmask]>
> To: [log in to unmask]
> Date: Fri, 10 Mar 2000 15:54:44 GMT
> Subject: RE: Requests for Data by Police
> 
> ** Reply to note from "Walshe, Pat" <[log in to unmask]> Fri, 10 Mar 2000 14:20:50 -0000
> 
> 
> > Liz, 
> >   
> > I sent this to Edwina . you may be interested: 
> >   
> > The Police and other authorised agencies should make a request under the 
> > Section 29(3) of the DPA 1998. You are not obliged to disclose any data 
> > unless you have reasonable grounds for believing that any failure to do so 
> > would be likely to prejudice the purposes for which the data was requested 
> > (I.e. the prevention or detection of Crime or the Apprehension and 
> > Prosecution of offenders etc). The Commissioner has stated in her 
> > Introduction to the DPA 98 that "there would have to be a substantial chance 
> > rather than a mere risk that in a particular case the purposes would be 
> > noticeably damaged". 
> >  
> > What you need to obtain from the police are details of: 
> >  
> > 1: The crime being investigated 
> >  
> > 2: The reason for the enquiry (i.e. the appropriate DPA exemption purpose) 
> >  
> > 3: How the absence of any information would be likely to prejudice the 
> > enquiry 
> >  
> > Also, if you work for a local authority, you also need to be aware of 
> > Section 115 of the Crime and Disorder Act 1998 which allows the Police and 
> > local authorities to share information. See 
> > http://www.hmso.gov.uk/acts/acts1998/80037--s.htm#115 
> > <http://www.hmso.gov.uk/acts/acts1998/80037--s.htm#115>  
> >  
> > Much depends on the information being requested and whether they are asking 
> > for info on internet usage etc, email access ..... that's a different ball 
> > game 
> >  
> > I hope this helps.
> 
> Most often they ask for addresses esp. for staff or students who have left?
> I have yet to meet any policemen who will say why they are looking for info.
> 
> Officialdom says they must appear to be very "police like", like on the tely
> :-)
> 
> Although Universities are not under local authority control I am not sure to
> what extent we could avoid disclosing addresses.  I guess we may need more
> proof if they ask for access to other information.
> 
> Any comments?
> Charles
> 
> ==============================================
> Charles Christacopoulos, Secretary's Office, University of Dundee, 
> Dundee DD1 4HN, (Scotland) United Kingdom.
> Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
> http://somis.ais.dundee.ac.uk/
> Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
> 




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