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.

 

 

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

 

 

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.

 

 

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