In a message dated 08/08/2003 09:20:48 GMT Daylight Time, [log in to unmask]
writes:
> We often receive requests from our local police to pass on individual
> student addresses to them to aid them in investigating a crime. My view
> is that a warrant should be obtained first, but can I ask for this when
> section 29 of the DPA seems to set out an exception to the rules in such
> cases?
>
> I've had a search in the JISC DP archives and seen mention of a special
> form, but this seems to have been designed for use with ISPs.
>
---------------
Susan
Every police force has a form (based on one in the ACPO code of practice) for
section 29(3) disclosures. Your local force may have a different name or
reference number for it but they do have one. It will start off with the name of
the individual they want info about, their last known address and any
reference numbers they have (eg NI number or payroll number). The form will explain
the reason they want the data from you (eg crime detection or apprehension of
an offender) and will contain a declaration from the investigating officer
that failure to provide the data would prejudice their enquiries. It should be
signed by the officer and countersigned by the officer's supervisor.
This form will help you to decide whether the disclosure is warranted in any
particular case and it should be kept as evidence that you acted reasonably in
the particular instance (if you decide not to disclose an incorrectly
completed form or insufficient information on the form can be valuable evidence that
your refusal was justified).
If you do not ask for and retain the form, and the disclosure turns out to be
unwarranted, it will come down to your word against the officer's that the
correct procedure (agreed by all police forces) was followed.
Hope this helps
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
