I agree with Kevin, s29 as I understand can only be invoked if criminal
activity is either suspected or otherwise proven.
Depending on the circumstances surrounding this case, I would look at
one of two things:
First , if practical advise organisation to apply for Court Order,
s35(1)) exemption is invoked and it's a straightforward process.
If not, due to the circumstances then I would Make an assessment under
s35 (not 29 as it is not criminal) taking into account the level of
fairness (s35(1)), if there is a strong case then I would invoke s35 and
defend/put my arguments forward if it was challenged.
However, I am very much open to arguments for and against this course of
action.
Many thanks
Regards
trish
Trish Bailey
Information Governance
Telford & Wrekin Council
Civic Offices, PO Box 59
Telford, TF3 4WZ
www.telford.gov.uk <http://www.telford.gov.uk>
em: [log in to unmask] <mailto:[log in to unmask]>
tel: 01952 382535
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Giles, Kevin
Sent: 08 December 2008 12:16
To: [log in to unmask]
Subject: Re: FW: Fellow Thinkers Email
As far I understand it, if you obtain under S.29 it is only for the
investigation of criminal activity (either by the Police or Taxation
people) if it is to be used under Civil law it needs to be obtained
under S.35 and the two are not compatible. I would therefore say that
they cannot re-use this data as part of civil action as it has not been
obtained for this.
I am having lunch with one of the Assistant Commissioners, will let you
know the answer later
K
Kevin Giles
Information Compliance Advisor
The Glasgow Housing Association Ltd
Tel: 0141 274 6723
The advice in this email is for the recipient only and should not be
forwarded without the permission of the sender
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: Monday, December 08, 2008 12:07 PM
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>
________________________________
All archives of messages are stored permanently and are available to the
world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of
the email if you are receiving emails in HTML format):
* Leaving this list: send leave data-protection to
[log in to unmask]
<mailto:[log in to unmask]&BODY=LEAVE%20data-protection>
* Suspending emails from all JISCMail lists: send SET * NOMAIL to
[log in to unmask]
<mailto:[log in to unmask]&BODY=SET%20*%20NOMAIL>
* To receive emails from this list in text format: send SET
data-protection NOHTML to [log in to unmask]
<mailto:[log in to unmask]&BODY=SET%20data-protection%20NOHTML>
* To receive emails from this list in HTML format: send SET
data-protection HTML to [log in to unmask]
<mailto:[log in to unmask]&BODY=SET%20data-protection%20HTML>
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body
of an otherwise blank email to [log in to unmask]
Any queries about sending or receiving messages please send to the list
owner [log in to unmask]
(Please send all commands to [log in to unmask] not the list or the
moderators, and all requests for technical help to
[log in to unmask], the general office helpline)
________________________________
--------------------------------------------------------
Disclaimer:
This e-mail and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you are not the intended addressee, or the person
responsible for delivering it to them, you may not copy, forward,
disclose, rely on or otherwise use it or any part of it in any way. To
do so may be unlawful. Any representations, contractual or otherwise,
views or opinions presented are solely those of the author and do not
necessarily represent those of Glasgow Housing Association Ltd. If you
receive this e-mail by mistake, please advise the sender immediately by
phoning 0141 274 6200 and delete this e-mail.
As part of our electronic communication policy Glasgow Housing
Association Ltd. monitors e-mail content.
Glasgow Housing Association Ltd. is a registered Scottish charity,
number SCO 34054
--------------------------------------------------------
________________________________
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of
the email if you are receiving emails in HTML format):
* Leaving this list: send leave data-protection to
[log in to unmask]
<mailto:[log in to unmask]&BODY=LEAVE%20data-protection>
* Suspending emails from all JISCMail lists: send SET * NOMAIL
to [log in to unmask]
<mailto:[log in to unmask]&BODY=SET%20*%20NOMAIL>
* To receive emails from this list in text format: send SET
data-protection NOHTML to [log in to unmask]
<mailto:[log in to unmask]&BODY=SET%20data-protection%20NOHTML>
* To receive emails from this list in HTML format: send SET
data-protection HTML to [log in to unmask]
<mailto:[log in to unmask]&BODY=SET%20data-protection%20HTML>
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body
of an otherwise blank email to [log in to unmask]
Any queries about sending or receiving messages please send to the list
owner [log in to unmask]
(Please send all commands to [log in to unmask] not the list or the
moderators, and all requests for technical help to
[log in to unmask], the general office helpline)
________________________________
--------------------------------------------------------------------------------------------------------------------
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom
they are addressed. If you have received this email in error
please notify the originator of the message.
Any views expressed in this message are those of the individual
sender, except where the sender specifies and with authority,
states them to be the views of Telford & Wrekin Council.
The content of this email has been automatically checked in
conjunction with the relevant policies of Telford & Wrekin Council.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
