Many non police organizations conduct criminal investigations. The
recommended skills for Private Investigators include conduct of criminal
investigations. The British retail Crime association advise their
members on criminal investigations. Civilian powers of arrest have
recently been reviewed. Telecom companies conduct their own
investigations and then present their evidence to the police. Royal Mail
with no more authority than the man in the street conduct their own
criminal investigations and prosecutions. There are many more examples.
Should you respond to a section 29 request from them? Now that is a
tricky one. If it goes pear shaped where does that leave you? If a
private investigator makes a section 29 request I suggest you ask why he
is doing it. Shouldn't it be the Data controller his client? If he makes
the request without the sanction of his client has he now determined
that processing and taken on the mantle of Data Controller? If he has
which condition in schedule 2 has he satisfied? If as I suspect he
hasn't then surely there is a breach of DPA at least Principle 1,
probably 2, could argue a breach of 6, most certainly 7? If you respond
in these circumstances are you being reckless? Would this be a section
55 offence? If Richard Thomas gets his way and this happens in 2 years
time could you end up in the pokey for 2 years.
Who said DP was boring?
May I suggest that you only respond to law enforcement section 29
requests.
Chris Brogan
Managing Director
Security International Ltd
130 St Johns Road, Isleworth, Middlesex TW7 6PL, UK
Tel: +44 20 8847 2111 Fax: +44 20 8847 1852
Registered in England & Wales No. 1322074
Registered Office: 11 Loveday Road, London W13 9JT
www.securitysi.com
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Legal Compliance at
KCL
Sent: 23 November 2006 14:46
To: [log in to unmask]
Subject: Data Protection Act - Section 29
Dear all,
I was wondering if many of the other organisations often receive
requests
under section 29 of the DPA.
If so, I would just like to see what your views are, and whether you
feel
this moves some of the administrative burden for criminal investigations
onto the public sector. How appropriate do you feel this is, that
certain 'low level' investigations are undertaken by persons who have
otherwise nothing to do with the Police (I hope).
Best wishes
Legal Compliance
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