Below is a response to a colleague on the same matter from Clive
Saville, Chief Executive of UKCOSA: The Council for International
Education which may be of interest
Alison Barty
Our immediate reaction is that they are bluffing and should be
asked what their statutory authority is. If they are claiming
prevention of terrorism, for example, then the police would need a
magistrate's warrant under the Terrorism Act 2000 to be able to
force a search and seize material. It might also be worth trying to
get
their names, rank, etc
The new anti-terrorism legislation is still going through Parliament,
so
hasn't come into effect yet.
The non-disclosure provisions of the Data Protection Act do not
apply where there is a Ministerial certificate certifying national
security grounds or where the disclosure is for the prevention or
detection of crime or the apprehension or prosecution of offenders.
But
that doesn't create a duty to disclose - it just means the DPAct
penalties
don't apply if you do disclose. So then it comes down to the
institution's
own policy on release of information, which would in any case be
overridden by any appropriate statutory power to require the release
of
information.
Clive Saville
Chief Executive
UKCOSA: The Council for International Education
9-17 St Albans Place
London
N1 0NX
Alison Barty
School of Oriental and African Studies
University of London
Postal address Visiting address
SOAS SOAS
Thornhaugh Street Vernon Square
Russell Square Penton Rise
London WC1H 0XG London WC1 9EL
Tel: 020 7074 5016
Fax: 020 7074 5039
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
