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A repeat of a message which seems to have been lost.

Graham it could help sort out the difficulty if you advised if you received
this one earlier.

Ian W

-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]] 
Sent: 11 August 2004 10:28
To: [log in to unmask];
[log in to unmask]
Subject: RE: Non Disclosures to Data Subjects - not advising them


Graham Hadfield on 11 August 2004 at 08:00 said:-

> I was thinking of circumstances where an investigation is 
> ongoing and to
> disclose that the data were held might frustrate the 
> investigation. I would
> remain silent as to do otherwise would negate withholding the data.

How do you deal with the situation where a data subject has been informed,
by the police during an ongoing investigation, of the personal data obtained
from your organisation, as that particular person and that information is no
longer of any relevance to them or the investigation, or its detail was
disclosed during interview?

> However, I agree with Ian W that exemptions are not forever. 
> If, say, the
> SAR were received after the investigation were concluded then 
> there could
> be no question of it being prejudiced by disclosure and so I would not
> claim it.

Many investigations are of a short duration. How do you become aware of when
an investigation is completed. Do you maintain a link with the police, do
they inform you, or do you set a specific time limit within your
organisation, say: an exemption was valid for only one week/month after it
was claimed?

Ian W

> -----Original Message-----
> From: This list is for those interested in Data Protection 
> issues [mailto:[log in to unmask]] On Behalf Of 
> Graham Hadfield
> Sent: 11 August 2004 08:00
> To: [log in to unmask]
> Subject: Re: Non Disclosures to Data Subjects - not advising them
> 
> 
> Roland Perry asked
> Can you clarify. In those circumstances would you:
> a) Remain silent or
> b) Say "Trading standards asked us the following questions about you,
>      claiming you were an offender, and we gave the following 
> answers".
> 
> I was thinking of circumstances where an investigation is 
> ongoing and to
> disclose that the data were held might frustrate the 
> investigation. I would
> remain silent as to do otherwise would negate withholding the data.
> 
> However, I agree with Ian W that exemptions are not forever. 
> If, say, the
> SAR were received after the investigation were concluded then 
> there could
> be no question of it being prejudiced by disclosure and so I would not
> claim it.
> 
> Regards,
> Graham
> 
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