Hello Chaps
I spoke with the option of the Information Commissioner about this a couple
of months ago.
S29(3) gives organisations the power to disclose information for the
prevention and detection of crime or the apprehension or prosecution of
offenders, it does not give a duty for us to do so. This has arisen here
when one of the Council's officers was uneasy about disclosing data as they
felt that it would be traced back to them and put them in danger. The
Council (quite properly) chose to protect their officer and not release the
information.
ACPO agreed a standard form for the police to present when requesting
information, this gives details of the offence under investigation, and
more importantly why not having the information would impede their
investigation. Unless our Council is satisfied that the information falls
under the S29(3) exemption, then we don't disclose.
As to the police not being aware of the form? Yes, I've heard that one as
well. However, they should be, our local station managed to find a copy!
Of course, just to muddy the waters, as a prosecuting authority ourselves,
we too can use the exemption!
Jo
----- Forwarded by Jo Pearman/NorthWilts on 06/06/01 08:26 -----
A Linford
<[log in to unmask] To: [log in to unmask]
> cc:
Sent by: This list is Subject: Re: Police access Request
for those interested
in Data Protection
issues
<data-protection@JISCM
AIL.AC.UK>
05/06/01 18:04
Please respond to A
Linford
Hi All
My understanding is that the information requested under Section 29 (3) of
the 1998 Act, has to be accompaned by a full reason of why the information
is sort. Part of this reason must state if the enquiry is for
a) The prevention or detection of crime
b) The apprehension or prosecution of offenders
It should clearly state the 'Nature of the enquiry'
And
Why the information is sort.
The request must be signed by a rank of at least one above that of the
requesting officer... at least of the rank of Inspector.
It is also my understanding that if you feel that the reason the informatin
is
sort, bears no relevence to the Police enquiry, you are at libity to refuse
the
release of any information, such as was previously stated by Doreen Broom
'A late payment of a fine relating to a minor traffice offence'.
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