Fellow thinkers –

 

I have a question for you and would appreciate your views.  I am preparing a short paper for the Data Protection sub group of the Fraud Advisory Panel (FAP) www.fraudadvisorypanel.org.

 

The paper will address the question.  Can you use information gathered using the exemptions provided by Section 29 DPA in a civil action.  The scenario is along the lines of a criminal investigation having taken place either by the police or the company against whom the offence was perpetrated.  For whatever reasons, the criminal action did not take place.  The company is in possession of valuable information obtained by use of the section 29 exemptions and now wishes to use that information to pursue a civil action.  My own thoughts are that if this was possible, then an insurance company, for example, investigating a questionable insurance claim could proceed initially as a criminal investigation under the Fraud Act and then decide not to pursue the matter.  They could depending on the information gathered refuse to pay the claim and then use the information gathered under the section 29 exemptions to rebut any claim against them.

 

Your views please?

 

 

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

 


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