In message <[log in to unmask]>, at
10:34:49 on Mon, 27 Nov 2006, Kirsty Gray <[log in to unmask]>
writes
>Contrary to what the Police often think - section 29 is NOT about them
>being entitled to have information.
>
>Neither the Police nor any other authority with powers of investigation can
>make a request / demand under section 29 (CSCI included!). Because the
>section relates to the disclosing organisation's exemption from the non-
>disclosure provisions (and SAR) only if it is truely satisfied that the
>information should be disclosed for crime / taxation purposes.
>
>So the onus is on the Police or other investigating body to convince you
>that information held by your organisation is required for crime / taxation
>purposes. Its not an excuse for a 'fishing expedition' so Police need to
>have a reasonable idea of what information you might have and explain how
>their case would be prejudiced without it.
>
>We get lots of requests from Police (and local authorities, and
>immigration, and tax inspectors ...) and every one is consided on its own
>merits. In the first instance ask for their stautory authority to obtain
>information from us so we can consider section 35 and only consider section
>29 if necessary. If we're not satisfied, we request a court order and its
>amazing how often PC29 backs off at that stage!
Although it was developed for the ISP industry (and formed the basis of
an agreed protocol with ACPO), the forms and guidance at the start of
the url below are equally applicable to any s29 request [change the
IP-specific material to your own local jargon].
http://www.internetcrimeforum.org.uk/dpa29-3form.html
(The final RIPA section is now out of date, the list of authorities has
changed, and I think they closed, or are closing, the "investigating a
death where no crime is suspected" loophole.)
--
Roland Perry
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