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
Managing Director
Security International Ltd
Tel: +44 20 8847 2111 Fax: +44 20 8847
1852
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From: This list is for
those interested in Data Protection issues [mailto:
Sent: 08 December 2008 11:46
To:
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.