I think Lawrence's analysis is pretty close to the mark here.
Have to disagree with Paul. S115 does not say you must disclose anything
- it says you have the power to disclose where necessary or expedient.
In exercising that power you still have to have regard to duties under
DPA although in practice it is not hard to find a gateway in one or more
of the conditions.
There is a significant difference in that disclosure / sharing under
s115 is subject to principle 1 whereas typically under s29 principle 1
will be disapplied because s29(1) "the application of [principle 1] to
the data would be likely to prejudice any of the matters mentioned in
this subsection"
So we publicise and inform about our s115 protocol - we do not normally
tell about disclosures under s29 - which as pointed out are voluntary
not forced.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4A, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Mae Cyhoeddi Cynnar yn Codi Canfod Cadarnhaol
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 17 November 2009 12:22
To: [log in to unmask]
Subject: Re: [data-protection] Section 115 Crime and disorder Act
s.115 of the Crime and Disorder Act says you must disclose if the
conditions are met. s.29 of the DPA says you may disclose in relation
to the crime & taxation purposes. It seems to me you have to disclose,
provided you are happy that the CDA conditions are met and that the
purpose is relevant. The police should be able to provide something in
writing to confirm both. A solicitor doesn't come within the orbit of
the CDA, as far as I can tell, so DPA restrictions on disclosure would
still apply.
(The only legislation DPA explicitly over-rules, to the best of my
understanding, is copyright, in the course of providing subject access,
but others may disagree.)
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Casillas, Mojgan" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, November 17, 2009 11:37 AM
Subject: Section 115 Crime and disorder Act
Morning all,
I could do with some good legal advise as to if section 115 of the Crime
and
disorder act some how, supersedes section 29 of the Data Protection act?
If
so, would I have to disclose the info to the Police/solicitors or can I
hold
on until I get a court order?
Thanks in advance for your feedback.
Mojgan Casillas
Information Governance Officer
Stockport College
Tel & fax: 0161-9583369
Mob: 07535974718
**********************************************************************
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 sender.
Stockport College was established under the Further and Higher Education
Act
1992 and is an exempt charity for the purposes of the Charities Act
1993.
Stockport College, Wellington Road South, Stockport. SK1 3UQ
VAT Registration 611574558
**********************************************************************
"Be green, keep it on screen!"
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
