But what powers do other organisations have to use s.29? Doesn't one
still need powers to request the information in the first place? The
police use the PACE Act and HMRC use powers under the Taxes Management
Act. Surely the responsibility lies with the data controller to decide
whether those powers are properly engaged before disclosing the data as
s.29 does not enforce data controllers to disclose, it merely allows
them to.
If data controllers supply information to organisations for a civil
action, what is the basis for disclosure? Perhaps s.35 but this is not
compatible with s.29.
Julie Gibbs
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 12:07
To: [log in to unmask]
Subject: Re: [data-protection] FW: Fellow Thinkers Email
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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