Ian W is right. There are no circumstances that I am aware of whereby a PI
can use s29 of the DPA. If the data really are required for the s29 purposes,
the police would be the ones investigating. Private investigations are just
that - private not public - and therefore the public interest argument for which
s29 is intended does not apply.
I cannot see how a hired hand can be allowed to use this method of obtaining
personal data. If a solicitor is using a PI to collect this data he/she may
just as well ask someone off the street to ask a data controller to make a
disclosure. The exemption is there to allow the police (and tax collectors, etc)
to do their job where they can justify the request. A PI, in my opinion,
never could. If the PI is employed by a court as a bailiff, say in respect of an
unpaid fine, they will have the appropriate paperwork including a court
warrant. The data would be demanded, not requested.
I would indeed ask the PI for all his/her details, to prove their ID, then I
would refuse their request and inform them that I would be reporting them to
the ICO. I would also be tempted to inform the local police that this person
is using underhand methods to obtain data. A section 55 offence can be
committed by misleading a data controller (or their agent) into believing an
exemption applies when it does not. The offence can also be committed by an employee
who knows the data should not be processed but does so in some misguided sense
of moral outrage (as per the CSA case and recent Dorset Special Constable
case).
Many PIs are ex-police officers and some believe their public powers continue
beyond retirement - they do not.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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-------
In a message dated 27/01/05 14:15:34 GMT Standard Time,
[log in to unmask] writes:
> 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
>
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