DPA 1998, Schedule 7, para 11(1) & 11(2) cover the long established legal concept of self-incrimination and provide the exemption from SAR for information which may reveal any offence. Having categorically given this paragraph a thorough and vigorous test during the last two years I am somewhat bemused that not once has it been used to take me to task. As puzzling is:- + No relevant case that I am aware of has quoted this paragraph, although some explicitly refer to the DPA and evidential matters; + Organisations appear to resist SAR requests where they feel vulnerable to DPA offences, seemingly totally missing the possible DPA defence provided by this section. Looking at this from an individual perspective: + Organisational DPO's could either not be aware of that schedule entry due to a lack of training, or be in such a position they are unable to advise their organisation effectively, or be fully cognisant of all the issues involved in this point, and taking advantage of that paragraph so few problems come to light by that route; + s.7 requestors could be being placated by open disclosure and not moving to legal action; + The IC - Could possibly not be very interested in promoting an area which could effectively neuter many of the actions they may take. + The courts stance that they should determine the legitimacy of evidence, rather than have the political sphere interfering in justice, could have undermined the perceived rigour of that part of the act. + The interests involved in pursuing various matters could see little benefit in a wide awareness of this section, and so may use a whispers in the night type of technique, as a method of suppression or gaining some access to material which they may not otherwise get without greater expense. + I could have completely misinterpreted the meaning and scope of that section. + People may have originally perceived my cause or just been kind in not taking me to task I would be grateful for any views which may clarify my understanding of this paragraph of the DPA 1998. As many will be aware my interest is, and remains, privacy based, as such I perceive this as one facet of a greater whole. Ian W ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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 : - http://www.jiscmail.ac.uk/help/commandref.htm (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^