Once the information is in their possession I think the answer is yes as
long as the company can legitimise the processing themselves using a
schedule 2/3 criteria. I would be guarded about disclosing information
to them in the first place because as others have said s.29 does not
compel you to disclose. If it did then all someone need do in order to
gain the personal info of others would be to claim they needed the info
because of crime/taxations purposes or in the case of s.35 because they
were contemplating legal proceedings against the data subject.
Regards
Andy
==============================================
Mr Andrew Shipway
Corporate Information Governance Manager
Corporate Performance Policy and Information Department
Solihull Metropolitan Borough Council
Tel: 0121 704 6251
Email: [log in to unmask]
Website: www.solihull.gov.uk
==============================================
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 12:06
To: [log in to unmask]
Subject: [data-protection] FW: 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.
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