In that case I would say "yes". As I said before, the police use S.29, but
they are not specified (as far as I know) as the only organisation that can
invoke this exemption. I see no reason why this can't be used - although I
suspect a debate coming on!
Simon Howarth.
From: Chris Brogan [mailto:[log in to unmask]]
Sent: 08 December 2008 11:49
To: Simon Howarth; [log in to unmask]
Subject: RE: FW: Fellow Thinkers Email
Let me just clarify this. The information isn't in the company's possession.
They believe an offence has been committed against them and they either
themselves or through private investigators make enquiries. They rely on
section 29. For whatever reason, the case is not criminally prosecuted. It
does however find itself subject to a claim in the civil courts. Can the
evidence/information collected using section 29 exemptions be used for a
civil action?
Hope that clarifies it. Regards
Chris Brogan MA LLM
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 <http://www.securitysi.com/>
_____
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: 08 December 2008 11:46
To: [log in to unmask]
Subject: Re: FW: Fellow Thinkers Email
I'm running completely off the top of my head here, so am prepared to be
shot down. However, this may lead you in other directions...
My immediate thought is that S.29 (1) is valid as it provides an exemption
but does not specify that it is restricted to specific types of
organisation. I therefore think that this could be used.
However, from your statement I interpret that the information they wish to
use is already in their possession. If this is the case and the information
was gathered initially to prevent/detect crime or put together a case, then
I would say that the use of the information simply falls within Schedule 2
(6) and Schedule 3 (6) which appear to allow the information to be used in
the way you suggest, in this way you do not need to invoke the S.29
exemption if this is likely to cause a problem.
Just thinking aloud.
Regards,
Simon Howarth.
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Chris Brogan
Sent: 08 December 2008 10:56
To: [log in to unmask]
Subject: [data-protection] FW: Fellow Thinkers Email
<snip>
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