In a message dated 12/07/04 15:16:11 GMT Daylight Time,
[log in to unmask] writes:
> So does this mean S 115 gives public authorities the ability to share
> information (above and beyond the exemption for Personal Information in the
> DPA) which they don't have under Administrative Law?
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CDA s115 allows data sharing where the information is necessary for the
purposes of that legislation (crime, disorder, anti-social behaviour) but only
where the provisions of the DPA 98 have been met. This means that the majority of
data sharing will only be done with the person's consent except where a
substantial public interest test can be met. The guidance suggests that sharing of
data related to witnesses and victims should never be done without consent
and that processing or disclosing details of alleged perps should also be done
with consent whenever possible.
The Act only gives local authorities the vires to share (for these limited
purposes) where the legal authority did not already exist. It does not override
DPA.
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
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E-mail: [log in to unmask]
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