Quite - the "sensible" press have been giving a much more balanced view
overall. There was an excellent piece in the FT on Xmas eve, for example,
entitled "Officialdom seeks false refuge in data law" (I would have included
a link, but you have to subscribe to the FT's website to access it; but I
can fax it to anybody who's interested....contact me off-list)
-----Original Message-----
From: Malcolm Graham [mailto:[log in to unmask]]
Sent: 07 January 2004 11:39
To: [log in to unmask]
Subject: Re: [data-protection] FW: [data-protection] FW:
[data-protection] DPA to blame agai n
Sorry folks - the Sun wasn't the first with this story - the Mail on Sunday
featured it and as you might expect took the customary swipe at the DP ACT.
I'm not being political but am I the only one who's noticed that it's the
right wing press that's making the most fuss about the DP Act!!!!
Malcolm H
>From: John Hughes <[log in to unmask]>
>Reply-To: [log in to unmask]
>To: [log in to unmask]
>Subject: [data-protection] FW: [data-protection] FW: [data-protection] DPA
>to blame agai n
>Date: Wed, 7 Jan 2004 09:45:45 -0000
>
>I share your suspicions about my former ISEB guru Mr Pounder fabricating
>this story - especially as he stated that it appeared in yesterday's Sun
>newspaper. I bought a copy on the way home and searched high and low but
>couldn't see it anywhere.
>
>John
>
>-----Original Message-----
>From: Michael Doherty [mailto:[log in to unmask]]
>Sent: 06 January 2004 18:13
>To: [log in to unmask]
>Subject: Re: [data-protection] FW: [data-protection] DPA to blame agai n
>
>
>Evenin' all (some more senior people might see the joke),
>
>I noticed a comment earlier today that there had been no contribution to
>this discussion from any police subscribers. I cannot speak for The Police;
>only for me. I work for a police force.
>
>My view (and that of fellow practitioners in the policing arena) is the
>police cannot decide in advance the likelihood of any evidence being
>excluded if challenged as being unfair because it has been obtained by
>means not in accordance with the data protection principles. Or indeed for
>any other reason.
>
>It is the task of a judge or magistrate to decide if evidence has been
>obtained so unfairly that it should be excluded by way of Section 78 Police
>and Criminal Evidence Act 1984 (PACE). Even then this can only be done at
>the application of a defendant.
>
>I see no problem with what the shopkeeper did - although the school might
>have declined to give him the information unless there was certainty that
>it was necessary for the investigation of the crime. He might have simply
>wanted to sort a few kneecaps out.
>
>If the story is correct it seems likely the shopkeeper spoke to a bod in a
>police call-centre rather than a police investigator.
>Does anyone share my suspicion that Chris Pounder made this one up just to
>get people talking?
>Regards,
>
>Michael Doherty
>Kent Police Data Protection Unit
>01622 652066
>
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