We have requests from the police and Inland Revenue and separate requests
from the DWP (Under SSFA).
I came across a similar request where the person stated they were
investigating a serious crime and they needed confirmation from ourselves
regarding who was staying at a residence.
After checking with external solicitors we were advised to refuse the
request
Margaret Burns
Data Protection Assistant
Regulation, Legal & Commercial
C S & S
* Internal Tel: 700 3237
* External Tel: 0141 568 3237
* Fax: 700 3050
* [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Carl Johnson
Sent: 27 January 2005 14:19
To: [log in to unmask]
Subject: Re: [data-protection] Section29 and private investigators
Ian,
As far as i recall, S29 allows the release of data for the follwing
purposes:
The prevention of detection of crime.
The apprehension or prosecution of offenders.
The collection of any tax or duty.
Given that a PI who is, essentially, a private citizen, i cant see how they
could make such a request. As a result, i'd find their enqiury suspcious and
would think it would be wise to warn others that this person is out there
making these requests.
As i understand it, the only way a private citizen can obtain data on
another would be a court order.
I'm not familiar with the sections you've mentioned so i'll have a read up
on them.
Regards
Carl
[log in to unmask] wrote:
> Broom, Doreen on Thursday, January 27, 2005 at 1:18 PM said:-
>
> > He's a blagger.
>
> From the initial enquiry, on the surface that may be so and as such a s.55
> or s.56 offence could easily be committed.
>
> Should that prove to be the case then s.29 would apply, enabling the
> disclosure of collected information about the enquirer to the legitimate
> investigative authorities. Some would argue that principle 7 would require
> such reverse reporting in appropriate circumstances, although I believe
> determining the appropriateness of the circumstances could be down to a
> political decision within the organisation in question.
>
> Carl Johnson on Thursday, January 27, 2005 at 1:21 PM said:-
>
> > Perhaps it would be wise for the OP to name and shame?
>
> That could compromise the success of any subsequent investigation
>
> Ian W
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection
> > issues [mailto:[log in to unmask]] On Behalf Of
> > Broom, Doreen
> > Sent: Thursday, January 27, 2005 1:18 PM
> > To: [log in to unmask]
> > Subject: Re: Section29 and private investigators
> >
> >
> > He's a blagger.
> > D
> >
> >
> > > -----Original Message-----
> > > From: Alison Aiton [SMTP:[log in to unmask]]
> > > Sent: 27 January 2005 11:05
> > > To: [log in to unmask]
> > > Subject: Section29 and private investigators
> > >
> > > Dear All
> > >
> > > I'd like to ask the group -- has anyone had any experience
> > of getting
> > > a s29 request from anyone other than the police? The
> > requester is a
> > > private investigator, who says that he's pursuing a
> > possible crime.
> > > What he wants is confirmation or denial that a named
> > individual works
> > > or has ever worked here.
> > >
> > > What would do you think?
> > >
> > > Alison Aiton
> > >
> > > -
> > > Data Protection Co-ordinator
> > > Business Improvements
> > > Butts Wynd
> > > University of St Andrews
> > >
> > > Tel: 01334 463528
> > > email: [log in to unmask]
> > >
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