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
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
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