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
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>